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FTC and Rockstar Settle Hot Coffee Dispute

kukyfrope writes "The FTC and Rockstar/Take-Two have reached a settlement surrounding the 'Hot Coffee' mod for GTA: San Andreas that will serve to prevent future incidents. The FTC has stated that Rockstar and Take-Two must disclose all content to the ESRB when rating games, or face an $11,000 fine per violation if undisclosed content is discovered. 'Parents have the right to rely on the accuracy of the entertainment rating system. We allege that Take-Two and Rockstar's actions undermined the industry's own rating system and deceived consumers,' commented Lydia Parnes, Director of the FTC's Bureau of Consumer Protection."

24 of 295 comments (clear)

  1. Wow, $11,000 by Nos. · · Score: 4, Insightful

    I wonder how many extra sales Rockstar generated because of the whole Hot Coffee thing. Probably enough to conver that fine several times over. Doesn't seem like much of a deterrant to me.

    1. Re:Wow, $11,000 by art-boy · · Score: 3, Informative
      Actually according to TFA:
      According to Take-Two, the publisher has already incurred a loss of $24.5 million due to the "Hot Coffee" scandal, subsequent re-rating of San Andreas, and removal of the game from most retailers' shelves (until it was replaced with the M-rated version).
  2. If I produce a mod for Solitaire by DrXym · · Score: 4, Funny

    featuring gay BDSM cards, can I get Vista rated M?

    1. Re:If I produce a mod for Solitaire by mmalove · · Score: 3, Interesting

      Only if you are unlocking gay bdsm material preexistant(although locked) in the Windows OS.

      I see this kind of like a loose Sarbanes-Oxley for Video Games: we're going to hold you accountable for disclosing information about your video game up front, and ignorance is not an excuse. Fortunately for Rockstar, they got the slap on the wrist this go because the law/court ruling didn't exist up until now.

      Someone at Rockstar left the material coded into the game. Now believe me, I've got nothing against seeing breasts, and young boys are going to look for sex whether or not they see it in a video game (hell, so will grown men, go figure) - but if the rating system is going to hold any meaning, and provide an effective means of keeping the government off the game producers' backs for creating enjoyable games that might include mature themes, then we have to expect the game companies to be honest in disclosing the true nature of content in the game. IE, if there's nudity/sex, come out and say it. Say it loud and clear. Don't curl back and go "oops, thought we took that out, hehe" Because that's the kind of stupid mistake that gets voters worried that they need government crackdowns on entertainment.

      --
      You can get 15 minutes of fame, but you can go down in history for infamy.
    2. Re:If I produce a mod for Solitaire by gstoddart · · Score: 4, Insightful
      If I produce a mod for Solitaire ... featuring gay BDSM cards, can I get Vista rated M?

      Only if you can demonstrate your mod merely unlocked the already existing gay BDSM content which was in Solitaire. Otherwise, it's you who distributed the M content and gets in trouble, now Microsoft.

      In this case, Rock Star shipped the game with that content present, but disabled. This mod only re-enabled the content, not provided it.

      So, if you discover such content in Windows and can release a mod for it, then, be our guest. :-P
      --
      Lost at C:>. Found at C.
    3. Re:If I produce a mod for Solitaire by DahGhostfacedFiddlah · · Score: 3, Insightful

      Okay - please - explain this to me:

      2 games:
      One ships with nude base models for characters, and clothing is put on top when the models are generated for display. The nude models are never shown during "normal" gameplay, but someone makes a mod to make all clothing transparent.

      The other ships with a blank void where the naughty-bits are, and puts clothes on top, so you never see the blank-void-naughty-bits during gameplay. Someone makes a mod which adds in those naughty-bits.

      Now of course you'll say "But game A ships with naughty-bits!". It doesn't matter - to the end user running show_naughty_bits.exe, it's the exact same experience. Out here in the real world, there's no difference. Once a game is modified from its original form, why can a company be held responsible?

    4. Re:If I produce a mod for Solitaire by Danse · · Score: 4, Insightful
      Now of course you'll say "But game A ships with naughty-bits!". It doesn't matter - to the end user running show_naughty_bits.exe, it's the exact same experience. Out here in the real world, there's no difference. Once a game is modified from its original form, why can a company be held responsible?

      Exactly. If the user takes an action specifically to modify the game in a way that would violate its rating, then that's the user's fault, not the game developer's fault. If you don't want to see naughty bits, then don't modify the game. If you don't want your kids seeing naughty bits, then don't let them play unsupervised. This crap has gotten way out of hand and is just ridiculous now.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  3. Um... by rsilvergun · · Score: 4, Insightful

    should the FTC be allowed to levy fines on behalf of a private organization? Why the hell is the FTC even involved, wouldn't this be more a contract dispute? Far as I know, they don't get to regulate games, but maybe it all falls under the same decency laws everything else does.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  4. parents - think of the children! by joe+155 · · Score: 5, Insightful

    I really loved the bit about "parents have the right to rely on the accuracy of the entertainment rating system"... yep, I can see it now...

    "yeah, son, you can play this game where you have to sell drugs, have sex with prostitutes, murder policemen and steal their cars... it's all ok; just so long as there is no unrealistic computer simulated sex in it"

    Why did anyone care about this. Not only was it not in the main game it was by far the least offensive thing in the list I just mentioned... I'd rather my children had sex than killed policemen

    --
    *''I can't believe it's not a hyperlink.''
  5. Entirely the Fault of the Parents by Kamel+Jockey · · Score: 5, Insightful

    Parents have the right to rely on the accuracy of the entertainment rating system. We allege that Take-Two and Rockstar's actions undermined the industry's own rating system and deceived consumers

    This is crazy. It is not like GTA San Andreas was rated "E for Everyone" and then "unexpectedly" showed some adult-rated content to minors. Even with an "M" rating, how could any reasonable parent buy this game for their child and not thing something inappropriate would be there?

    --
    In case of fire, do not use elevator. Use water!
  6. I'm still confused by grasshoppa · · Score: 4, Insightful

    Why was this even an issue? Rockstar didn't ship this content as active, a third party mod had to be used to get to it. They did not ship that content with intent to be seen, and if the code wasn't there by default to enable that section, it can hardly be their fault if players go out of the way to activate it.

    --
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    1. Re:I'm still confused by grasshoppa · · Score: 4, Insightful

      Doesn't matter, IMO, the content shouldn't have been in a final shipping product in the first place.

      Maybe not, but there is no functional difference between the content not being shipped with it and being shipped but turned off.

      --
      Mod me down with all of your hatred and your journey towards the dark side will be complete!
    2. Re:I'm still confused by DahGhostfacedFiddlah · · Score: 5, Insightful

      Someone could have created a mod which created that scene rather than unlocking it. For the end-user, what the hell is the difference? They're just running hot-coffee-patch.exe.

      How culpable is a company for people modifying their software? If I take all of their textures and pick-and-choose-and-cut-and-paste until I have something that looks like a boobie, did the software "ship" with that boobie?

  7. A victory? by Rapter09 · · Score: 4, Insightful
    Parents have the right to rely on the accuracy of the entertainment rating system
    I think that's a statement that could be construed as a victory for the ESRB, reinforcing that it wasn't the ESRBs fault that T2\RockStar didn't disclose the information. I think it's a good statement.
  8. Re:Wow... by SatanicPuppy · · Score: 4, Interesting

    I think it's pretty much a fair judgement. Sure the content was there, but they didn't have any intention of making it widely available. Additionally, even though it was made available, no one accidentally stumbled across it...you had to download a patch, install it, and then play through the game to that point.

    Beyond that, the game was rated M, which is the rating for 17+, which is the same age range as NC-17 which is the adult film category in the states.

    It's hard to see, given all those factors, how it would be possible for them to crack down hard on the game. The superbowl thing was different, because they slipped some (arguably) adult content into an all-ages broadcast.

    --
    ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
  9. No, actually, it wasn't a big deal. by Frobozz0 · · Score: 4, Insightful

    "We allege that Take-Two and Rockstar's actions undermined the industry's own rating system and deceived consumers,' commented Lydia Parnes, Director of the FTC's Bureau of Consumer Protection."

    *sigh*

    No, actually it wasn't that big of a deal. Our priorities in this country baffle me sometimes. The rampant violence in this game wasn't bad in their eyes. Some rough sex and they draw the line? Come on, you had to mod the program just to see it!

    I hope enough people see through this charade.

    --
    "Politicians find new names for institutions which under old names have become odious to the people."
  10. Whatever happened to caveat emptor? by Red+Flayer · · Score: 5, Insightful

    ""Parents have the right to rely on the accuracy of the entertainment rating system," commented Lydia Parnes, Director of the FTC's Bureau of Consumer Protection."

    After reading TFA, this is the most remarkable line in it. Props to submitter.

    Parents don't have the right to rely on ESRB ratings. They have the ability to do so -- and can if they want -- but that is not a right. If a parent decides the ESRB rating is untrustworthy, or that Take2 is untrustworthy, that is their right. It is their right to not purchase games they feel might not adhere to the voluntary ratings system. Parents have the rihght to choose what's best for their kids -- and if they don't have all the information, that's nobody's fault but their own.

    You know what? If parents have the right to rely on an independent, private body for game ratings, then I have the right to rely on Fox News (an independent, private body, right?) for fair and balanced news, the right to have all the information presented to me. So where's Fox's fine for not presenting fair and balanced news? Please, Ms. Parnes, why doesn't Fox or CNN or ABC or any news or entertainment media entity not get fined $11,000 every time they don't give us all the information?

    /rant

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    1. Re:Whatever happened to caveat emptor? by RexRhino · · Score: 4, Insightful

      But buyer beware is coming back, just in a different form! For example, lets take peanuts (And peanut allergies). People are so sue happy, that companies that don't make any products with any sort of peanut ingredient are labeling their product as having peanuts to cover their asses legally. It is way easier to put a disclaimer on a package saying "this might contain peanuts", than to try to garantee a product doesn't have peanuts and face legal repercussions. It is only a matter of time (and it has damn near almost heere already), that all packages, no-matter what the food or what the circumstance is, will contain warnings about peanuts.

      People alergic to peanuts must have thought they were smart for suing about traces of peanuts in food... but soon they won't be able to know what foods contain peanuts because every company and every food product is going to protect themselves with a peanut warning.

      Same with warning on prescription drugs. Prescriptions drugs now contain warners about "side effects" that include just about every possible symptom anyone can possibly have. It is easier to just give a rediciously long list of possible side effects, than to face the consequences of a law suit. The end result is that the "side effect" warnings of prescription drugs are completly useless. Virtually all the side effects listed for a prescription drug are listed just to cover the asses of the drug maker, and so it is impossible to get any realistic side effect information on a drug from a manufacturer.

      When I buy some non-drowsy cold medicine, I don't really know if I can drive a car after taking the medicine or not, because every drug manufacturer is so afraid of a legal action that they will say not to operate a motor vehicle or heavy machinary just to play it safe.

      Likewise, if you punish video game makers frivolously, they are just going to cover their ass by making everything Mature or Adult Only. Since the vast majority of video games are purchased by adults, and since kids that purchase video games most of the time purchase it with a parent present anyway, companies are just gonna make every single game Adult Only. Wall Mart might not stock AO games now, but if that is the only way they can sell Barbie Pony Adventure and Deer Hunter, they will eventually change their policy.

      The end result for the rating system will be the same. There is no foolproof way to make sure there will never be something interpreted as "offensive" or "adult" or "suggestive" by some board or agency or group. When all games have a panel of catch all warnings and disclaimers, it is going to be harder for parents to judge a game than it is now.

  11. Glad the FTC is watching over by zuki · · Score: 4, Interesting

    This was totally outrageous! Just as much of a newsworthy item as Janet's 'wardrobe malfunction'!(I couldn't sleep for 3 months after watching that one)!

    It would be a crying shame that kids should be exposed to (Godless?) non-graphical but still titillating sex simulations.

    It might detract from their training shooting hundreds of thousands of opponents, so that they can further be brainwashed into becoming our next batch of cannon fodder to send to Iraq or wherever else our glorious leaders will be "Bringing Freedom" to in the coming years.

    The FTC is only performing its patriotic duty to keep kids in line for all the state-sanctioned killing they will have to do later on.

    Although, as Dr Strangelove once pointed out, reproductive duties might also have to become state-sanctioned and even encouraged when population needs to be replenished due to a 'red button malfunction' in the Oval Orifice.

    Z.

  12. It's not about the sex. It's about the lies. by donutello · · Score: 4, Insightful

    Rockstar games was and is free to include sex scenes in their video games - as they are free to include violence.

    What they can't do is deceive the rating board about the content. This is the Federal Trade Commission. Deceptive trade practices fall properly within their purview.

    That being said, $11,000 is a ridiculously small fine and takes into account the fact that this was inadvertent rather than intentional.

    --
    Mmmm.. Donuts
  13. Re:Disclose ALL content, eh? by AHumbleOpinion · · Score: 3, Insightful

    "Take-Two must disclose all content to the ESRB when rating games"

    Just to be sure, if I were Take Two,


    If you plan to someday run a company you will need to learn to think through a couple of rounds of moves and countermoves. ;-)

    I'd hand them a hard-copy printout of every single line of code in the game. "You demanded everything. Well, here ya' go! Good luck going through all that."

    And the ESRB responds: "With an attitude like that, no rating for you. Good luck talking to the buyer for Walmart."

  14. Re:$11,000 per item??? by mikalveli · · Score: 3, Funny

    No you don't understand. You see, the guys at the FTC were angry because they have never experienced a hot coffee scene themselves. So, Rockstar hired a few hot coffee girls at $11,000 per "item" and sent them over. A few hours later everything is fine.

  15. Aren't ESRB ratings optional? by jclast · · Score: 4, Insightful

    How is it that Rockstar and Take2 can be fined for submitting their game to an optional software review board?

    Besides, why do we have both M and AO? The ages associated with both are 17 and 18. Drop one and leave the system alone.

    I wrote about this for eToychest earlier today, so I won't reiterate my take on the news here, but I will say this:

    Parents have access to a wealth of videogame related information. Reviews and screen captures abound on the Internet. It's time for parents to stand up and do their jobs as parents again. If you can't decide for yourself what your child should be doing, maybe you shouldn't be a parent.

    --
    e2 | LJ
  16. Where's the argument? by mer1in · · Score: 3, Insightful

    GTA: San Andreas was rated M, for mature, indicating to someone who knows nothing of the franchise that there might be some mature content in there somewhere. Which, aside from Hot Coffee, there was a plethora of. If the purchaser went as far to turn the box over and read the back, they may have become aware of the ESRB's more in depth breakdown of the game, which along with "Blood & Gore" "Intense Violence" "Strong Language" and "Use of Drugs" included a "Strong Sexual Content" warning. If they went on to the read the description of the game by Rockstar, the words "Gangs" "Drugs & Corruption" "Dealers" and "Gangbangers" all in the first pargraph might have indicated to someone that this is not an apropriate game for children. Which without all that reading they could have denounced from the "17+" on both the front and back of the box. If a parent was still questioning the apropriatness of the game for their child, 5 mintues of research on the internet would have immediately removed any chance of their kids ever coming within 100 ft. of GTA again. Now yes, it is quite pheasable that older siblings, friends, careless sales clerks, etc. may have helped a few children obtain copies of the game, but the entire argument over the mod seems to be primarily about parents being misinformed. It seems pretty unlikely that had Rockstar disclosed the unnaccessible content to the ESRB that the game's rating would have really changed that much. It was an unrealistic sex mini game, which I think is declared quite adequately by "Strong Sexual Content." They may have even added a "This game includes virtual sex." warning, but it seems pretty obvious that none of these parents read the box anyways! And now everyone who's child went and willingly hacked their game to access this is outraged. I think the ESRB should be outraged that so many people pay absolutely no head to their warnings. If the game was rated AO, I'll bet just as many children would have been playing it. Because I can see informed parents saying: "Don't worry kids, its okay (hell, its even FUN) to kill police officers, kill your friends, sell, buy and use drugs & alcohol, shoot prostitutes, acquire weapons, terrorize civillians, steal cars, damage property, use racial slurs and live a life of reckless abandon, but it is NOT okay to have sex. ESPECIALLY with your girlfriend." Even if you argue that all the killing and swearing and drugs, etc. takes place in a fantasy world, so does the sex, and at that, only if you go out of your way to knowingly activate and engage in it. Kind of like the patch that revelaed the nudity uner the blurs in The Sims, except that game promoted living a good, happy, healthy life, so when people realized, it got the "Oh, its just a patch, not even part of the game!" treatment. But when parents realize exactly what this GTA game they bought their child is, and they think "Holy sh*t! What did I buy!" all that they can really fall back on is the "Well we are outraged that we didn't know about this code." Gimmie a break. I think it is these people's parenting strategy that needs to be revised, not the ESRB's rating system, or the code that Rockstar chooses to write. Take a little bit of interest in your children's life, and maybe things like this can be avoided all together.