Surprisingly Few People Collect On GTA Hot Coffee
Relin writes "Out of the millions eligible, less than 3,000 have come forward to collect their money in the 'Hot Coffee' settlement. While the plaintiffs' lawyer is surprised by the development, Theodore Frank of the Legal Center for the Public Interest at the American Enterprise Institute seems convinced that the lawsuit was 'meritless' and will result in no payment for the legal counsel opposing Take-Two."
It's $5
Anonymous Coward
"Seth Lesser, lead lawyer for the plaintiffs said that he is "disappointed" by the outcome, and doesn't understand why so many people don't care."
It is, after all, just a video game.
I've got your sig, right here.
American Enterprise Institute seems convinced that the lawsuit was "meritless" and will result in no payment for the legal counsel opposing Take-Two.
Oh boy, I can only hope. Oh please.
The time it would take filling out the forms and cashing the $5 check is better spent on something else.
And frankly, anyone who buys Grand Theft Auto, the game that lets you kill hookers instead of paying them, is going to be hard to offend with some sex scene they have to use a hack to see in the first place.
That lawsuit never should have been brought to court, I hope the laywers don't see a penny!
I'm probably eligible, but all things considered I'd rather they just kept the 5 bucks and bought themselves some hot coffee and get to work on some DLC for gta 4.
Being that it requited a hack to unlock the feature (aka censors already deemed the code unacceptable) and the kids who downloaded the hack could have just as easily have gotten real porn. It really isn't that big of a deal. Besides who wants to say after buying GTA I am such a prude that I want money to accommodate my suffering. I think most people will say they hypocrisy needs to stop at some point.
If something is so important that you feel the need to post it on the internet... It probably isn't that important.
I wonder what % of those collecting 5$ are just retailers and wholesalers.
this lawsuit was just as retarded as that other hot coffee lawsuit
and no, you are not smart for regurgitating what the litigation lobby has fed you
So it might just turn out that all that moral outrage and mass hysteria was just a ruse brought up to try and cash in on a game franchise.
Everybody now: "YA THINK!?!"
TFA states that the attorneys that brought the case are demanding 1.3 million in legal fees, way more than the 2,676 * (max $35) = $93,660 settlement fees that Take Two will have to pay.
In other news, it'd be GREAT if the scummy lawyers didn't get paid, or if they got paid on contingency and get a percentage of the overall "winnings". (this is typical of class action suits)
If you can read this... 01110101 01110010 00100000 01100001 00100000 01100111 01100101 01100101 01101011
Perhaps the remaining millions who did not claim the money actually, you know, liked the game?
I don't think it would make sense for gamers to exploit a frivolous lawsuit to get a few dollars out of a company that made a game they enjoyed.
I wonder what the networth of the attention take 2 got from this is worth. Surely far more than the cost of paying out the penalty and the fees of the lawers that they probably have on full time retainer anyhow.
I Need someone to rebuild a Digitech Digital Delay pedal for me....for me...for me...for me.
about the suit until now, and I have that game. Maybe the numbers will go up now that /. is covering it...
Suppose I bought some porn video and there was a code that my kids found that let them play a game where they beat people and ran them over for fun. Would I have case?
Who exactly is supposed to care about this?
-Dave
"I read instructions on the Internet on how to mod GTA so that I could see a sex scene, and when I followed those instructions, the game actually let me see a sex scene! Now I feel surprised, shocked and offended and want $5!"
Sometimes I really wonder if there are any normal people left in this world.
If the GTA makers owe me $35 for their hidden NPC sex scene, then the Second Life makers owe me seven figures for emotional trauma from the brief virtual walk I took though the general area.
and I still want my money!
Engineering is the art of compromise.
sickening
just makes you want to puke
are the lawyers. The lawyers don't care if everyone get pennies, because they get their millions. And if there is a settlement or verdict, it should always be in monetary form distributed automatically to every class member. Members shouldn't have to fill any paperwork. The corporations should calculate it for them. Two examples:
1. Bank of America privacy lawsuit.
Fees waived for deposited items getting returned!
Fees returned for calling customer service!
12 months free subscription to a credit card protection service (a $30 value)!
90 free days of Privacy Assist Identity Theft Protection Service (a $17.85 value)!
Hell no. Basically, they get free marketing. OUCH.
2. Visa MasterCard Discovery Currency lawsuit.
They want you to calculate your foreign purchases yourself and document them for your reimbursement. Hell no. They should pay us $400/hr as they do their lawyers for the time we spend sorting through years worth of credit card statements. Some companies even charge a fee for requesting older records.
Settling should not be an option for class action lawsuits. The client/s should decide whether to settle, not the lawyer/s. A settlement should always be an opt-in, not an opt-out.
Maybe this vocal minority is smaller than believed? Meanwhile, the rest of us are able to distinguish fantasy and reality, do not find the former offensive, and would prefer seeing naked human bodies engaged in sex acts rather than human bodies being brutally blown apart.
Really, so something like 2676.2732 people collected?
had Joe Pesci, these stupid lawyers against Take-Two and a big, fat baseball bat....
I'm a GTA San Andreas player who was not at all interested in money from Take Two because of the Hot Coffee content in the game. I'm not surprised that only a handful of people have taken them up on it, the game is limited to sale to a 17+ audience, an audience that already knows (except in the states whos names start and end with a vowel) that people have sex.
I *DO* however wonder how many of those 3,000 people were really offended by the Hot Coffee content, and how many were just going "Cool, free money!"
The Hot Coffee patch reminds me of ROT-13 encryption. It's trivial for someone to get at the content if they want to, but you have to deliberately go after it. You can't "accidentally" see it. You're saying "I know this might offend me, and I want to see it anyway".
We sadly live in a culture where it's more acceptable to beat up or kill a woman than it is to have sex with her. Which explains a lot of unfortunate things. It doesn't make them right though.
You want to know what is really offensive? And I don't think I'm alone here... I find it particularly offensive that someone would sue over this. And win.
I had so much hope for our species.
Sean
I live in the GTA. Where do I get my free coffee?
When our name is on the back of your car, we're behind you all the way!
This doesn't apply to any versions of the game sold outside of the US, correct?
If each mistake being made is a new one, then progress is being made.
Reminds me of Duke Nukem were all the sex scenes were cut out but could be activated by typing in a code word. Here is a game were you can blow peoples heads off and swear but oooh no, boobies are not allowed.......sheesh
Could we send in $5 to enable the hot coffee mod?
I've never seen so much consensus in Slashdot comments! And you're all right - the fact that gratuitous violence is more acceptable than sex is sick, sick, sick.
All pass beyond reach of medicine. None pass beyond the reach of love.
maybe I'll go to the movies, by myself....
My name is Inigo Montoya. You killed my Father! Prepare to die!
I bought a version that didn't have the sex scene. Can I collect $5 from the people that made them cut it out?
Democracy Now! - your daily, uncensored, corporate-free
Whenever I call them about the $5, they always tell me that the check is in the mail.
What if I'm offended by other things in the game? Like the substandard story line, the lousy dialogue, the lack of interactivity with the environment, the poor AI, or the nonsensical game logic?
Lawsuits are more about money, especially for the lawyers, rather than defending public rights.
a nonsensical lawsuit to begin with.
I'm just wondering how long it will take for Take Two to release an uncut version of the game that has the Hot Coffee minigame available without the mod?
> you can't have sex with a whore
So that's why Jesus's great-great-...-grandfather Judah intended to do it?
Anyone who reads the Bible with an open mind understands that societal norms at the time were (or are depicted as) very different from those of the religious right today.
GTA is a good game, no worse than any episode of The Sopranos. I've played it heaps, but had no RL urges to shoot cops, run over pedestrians, steal cars or not pay a hooker. The lawyers and moralists who got outraged at some pixelated lowpoly boobies need to get a life and a real job. Did they really think anyone would get out of bed for $5, head to Jack in the Box and declare "This tasty burger and beverage offsets the misery I experienced when I found and downloaded Hot Coffee"?
Burnt once, ok, might be the fault of McDonalds. But twice?
Some people never learn?
I guess she forgot to take her medication too.
Patents Drive Free Software as Hurricanes Drive Construction Industry
Ok, what about a mod which introduces boobs (or more) to some popular children's game?
How hard is to bring boobs in ANY game and hack it to show them?
How different is that from having the actual pixels sleeping on the disk?
I think a good lawyer could proove there is NO difference.
Patents Drive Free Software as Hurricanes Drive Construction Industry
With class action lawsuits, all the risk is borne by the lawyers. If they don't win, they don't get paid. People whine that the consumer gets a $20 coupon while the lawyers make bank, but the consumer is getting something with no effort made or risk taken on his own. So if you don't like it, hire your own damn attorney and file your own damn lawsuit.
They say the devil's greatest trick was convincing the world he didn't exist. The devil has been one-upped; people in America have been brainwashed into thinking that standing up for themselves through unions or lawsuits is bad. They would rather money stay in the hands of those that wronged them rather than have it fall into the hands of (gasp) lawyers. They'd rather save $1000 a year in union dues rather than make another $10 an hour with 50% more vacation time. Americans excel at cutting off our noses to spite our faces.
I played the PC version of GTA:SA with the hot coffee setting turned on and I could not believe such a fuss was created about something so innocuous. In case anyone doesn't know, there's about 5 seconds of sex taking place INSIDE a house (with the camera showing the outside of the house), I was expecting graphic nudity given the amount of controversy.
So this was merely about the fact that sex takes place in the game than any actual depiction of it.
Personally, I don't care whether or not an adult rated game has sex scenes in it or not. But the reason the scene was included in the first place was JUST to create controversy at some point so that more people would go out & buy the game. It's a clever marketing exercise, nothing more.
And as for the court case, that's just pure and simple greed - i.e. "They have a heap of money due to selling lots of copies of their game so I want some of it".
Yes, only 3000 people claimed it - but I bet none of the lawyers involved forgot to take their fees, did they?
Gentoo Linux - another day, another USE flag.
The minigame play as "out-of-the-box" didn't have nudity. But some fragments of the necessary file where still around.
The whole constroversy was around this.
Paranoid parents complaining that the files where shipped on the disc (even if unaccessible and part broken)
Take-two defending themselves that the rating is on who the game is played (and nudity isn't normally accessed during game play).
"Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
What the Christ do you expect the parent will do ? Pay ....gasp!... *attention* ? *Read* it in detail ? It's already a miracle they got shelf corresponding to the system they have at home.
{/sarcasm}
seriously, some paranoid parents live under the impression that they should be able to pick any box, and only nice kittens, rainbows and ponies are going flow out of it.
They somewhat suddenly have completely forgotten how it was to be a kid and play cruel game.
At least it's easier for the current generation of children to torture virtual characters in video games rather than small defenseless animals and insects or bullying their peers.
"Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
When a class action lawsuit is available, and they send out fliers to everyone who has owned the game (in this example) who actually pays for the printing, paper, research for the fliers?
The thought here is would Take-Two counter sue for damages of a frivolous lawsuit.
I need it to complete the $59.99 for GTA4 !!! Dumb lawyers...Tryin' to make money out of nothing. Good lesson guys!
I thought she more or less intentionally got herself burned by coffee again, just to force a payment :)
You know, i can imagine a lot about americans and their lawsuits.
Patents Drive Free Software as Hurricanes Drive Construction Industry
I think the obvious is missed. Pay the lawyers based on the number of people that actually apply and recieve their portion of the settlement. In this case we have X million of posible payments. If the lawyers want their 1.3 million, then make it a sliding scale based on the percentage paid out.
If the courts are serious about getting rid of the nuisance lawsuits. Then fix the lawyer fee's not to the whole settlement number but to the number of people in the class action that actually cared enough to collect their portion. Make it a sliding scale to be fair to the legal community. However if you want to see the lawyers run away, that is how to do it. This will protect the real class actions that are important to society and put an end to the friviless stupidity.
...
No, but really .... what a stupidity. GTA was violent, sexual, outrageous, criminal, drug and alcohol using.
You buy the game to behave like that, and anyone who is offended by the hot coffee thing should get a wii an play super mario (no offense to wii owners meant).
just my2c ...
Besides that, I think III was the best GTA .. 4 is nice, but I feel that there is little to do other than 'hang out' with your lame buddies.
this is the first time I hear of this.
Where did they announce the settlement and the financial award?
Somebody somewhere knew "exactly" what he was doing when he buried this information in some obscure legal journal somewhere.
MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
Perhaps the people who haven't claimed are all dead or in jail for running over hookers in their stolen cars, or beating cops to death with baseball bats.
01110000 01010111 01101110 00110011 01100100
The goal of this system was always to generate lots of legal fees by having the total class awarded enough money that the lawyers' percentage of the settlement would be large, and secondarily to punish the company for making a game that offended some people. It was Grand Theft Lawsuit.
Nobody was ever really concerned about reimbursing customers who bought a game involving the criminal protagonist killing prostitutes, starting ethnic riots, and shooting cops for their shock that it might also let you change the software to find hidden pr0n. And if adults who bought it for their kids were shocked, well, if little Johnny can download the software patch that lets you decrypt the hidden pr0n, he can also download real pr0n from the net, and if that bothers them they shouldn't have bought a game called Grand Theft Auto. But awarding them a nominal $5 was enough that the total award was large, and AFAICT the lawyers get a percentage of the total award, not a percentage of the amount actually collected to the winning class.
Bill Stewart
New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
That McDonald's hot coffee thing had more to it than a simple 2 word description would give (go figure). Apparently McDonald's was the only big business in the US to have coffee that friggin hot... it was something ludicrous like 20 or 30 degrees hotter than normal coffee. Normal coffee would be like "ouch, that was hot, damn"... the old version before the lawsuit of McDonald's coffee was "OMFG I JUST GOT 3rd DEGREE BURNS, i'm DYING!". And the lid had a glitch or something to make sure you'd spill it if held a certain way. Notice how McDonald's lids now are like the best lids at fast food places... you can't spill shit now.
I would like to send Take Two an extra $5 for putting the coffee mod into the game. I found it much more entertaining then that.
"I guess I'm gonna fade into Bolivian."
Unfortunately, it was not made clear that there was any option that this suit could be declared meritless or I wouldn't have put in my claim. When I saw that the class action had been settled for a fixed sum of money that Rockstar would end up paying regardless of my submitting a claim or not, I decided the best thing I could do would be to make my claim and then buy GTA4 with that money.
Since I didn't particularly agree with the reasons for the suit, I would have foregone the money if I'd known it would hurt the case of those who submitted it.
However, the settlement was not just $5 across the board. You can view details at the settlement site (http://gtasettlement.com/) but if you had proof of purchase (like I did), the offer was $35.
...but I'll tell you what's not cool--killing hookers. Hookers are people too; naked people who are willing to pleasure you for a price you negotiate in your car parked in a dark alley. Besides, there's no reason to kill them, 'cause most of them are already dead inside...Good night, folks!
It's actually not that surprising . . . most people that buy a GTA game knows what kind of content to expect in the game (namely M rated stuff), so the hot coffee probably isn't enough to make these people want to get money from Take Two (that and $5 isn't worth the effort)
Either the court that ruled on a depiction of animated fellatio in Grand Theft Auto forgot about that precedent, or (much more likely) grossly misjudged the standards of the community of Grand Theft Auto players. I think we all know that most in the community of GTA players would be more offended by poor animation than by the fact of fellatio being portrayed in the game, but how would any court know that? It would have to survey the community in question!
Theodore Frank, director of the Legal Center for the Public Interest at the American Enterprise Institute, believes that the lack of claimants proves that the case was meritless from the beginning. He submits that this lack of response proves that the plaintiffs claims were overblown, and as a consequence the suit may be deemed meritless and the lawyers who tried the case will not be able to collect their $1.3 million in legal fees they are demanding from Take-Two. Speaking to the New York Times, Frank says:
"There are two possibilities. Possibility one is they have a meritorious lawsuit and theyre selling out the class for attorneys fees. The other possibility is that, and frankly I think this is the more likely possibility, they brought a meritless lawsuit that had no business being brought to court at all."
Because I'm not a lawyer trying this case, and my only interest in this case is as a citizen who values my right to decide for myself what to consider indecent, I have no need to be as delicate as Mr. Frank. Of course it's "a meritless lawsuit that had no business being brought to court at all." The Supreme Court's own previous opinions on obscenity have no business being brought to court at all. Consider the lack of claimants in the GTA case in lieu of a formal survey of that community's standards. The court's incorrect estimate of that community's standards illustrates vividly that offering "community standards" instead of objectively defining what may be considered legally prohibited obscenity and what cannot be excluded from the First Amendment protection of free speech, is nothing better than a cop-out, and provides little or no value as precedent for subsequent judgements. To apply that "precedent" honestly would require a community survey for every obscenity case ever brought to court. Obviously, "community standards" do not provide a sufficient definition, in purely pragmatic terms, to have any positive value for purpose of upholding the rule of law. Laws are objective. Malleable statutes mean rule by fiat.
http://library.findlaw.com/2003/May/15/132747.html
The definition of obscenity set forth in Roth was:
Speech which " . . . to the average person, applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to prurient interest" and which is "utterly without redeeming social importance..."
Customers who are not so offended that they demand a full refund and willingly return their copy of the game are entitled to no compensation whatsoever for their offense. Whatever judge ruled that customers have the right to keep their game and receive punitive damages for having been offended by a work that they intend to keep should be disbarred.
"I can't imagine how things could get any worse!" (some guy) "That could just be failure of imaginatioÂn on your p
Those who see "hacking a tit off" as PG and "sucking a tit" as R are sick sick animals. As are those who think a game that requires you to steal and kill to win, are also sick sick animals.
Go ahead MOD me down. I'm sure GTA is a great game of violence, but it will never be in my house. Nor will any other game that's main theme is violence or war. There used to be games that while they contained mild violence and war themes, were,'nt so realistic that it actually simulated real violence. I also don't allow these kinds of movies in my house.
However, to each his own. If you're into sick warped twisted violent video games and you are an adult or have the blessing of your guardians (if you have any), go for it. If you're not, then don't buy them. Also, if you're going to buy a game make sure you know what it is about BEFORE you buy it. Then you don't need to sue someone because you're too freaking lazy or stupid to take responsibility for your actions.
I also will have no problem with allowing my children to see nudity or know about sex. Since there are multiple versions of the Ksma Sutra in the house and some books on Renaissance Art, that shouldn't be a problem. Not to mention some of my own art.
Violence seems to be worse now than before the Catholic church outlawed polygamy around 1200. Before the Romanization of the Christian faith, only the Romans and Greeks were in any way "monogamous". Although both of those societies used slaves and concubines liberally.
So the escalation in violence seems to be more that we've gone away from our natural tendency of men having multiple simultaneous partners and some women also having many partners to a society that constricts our sexual drives. This leads to frustration on possibly a genetically programmed level, and thus become a subconscious conflict resulting in the tendency to be more violent.
In societies where polygamy and sex are more open tend to be less violent.
Also, the fact that we live in highly dense populations may have a tendency to increase violence. This has been shown to be true with rats also. So, linking sex to violence may not be justified unless you can prove this with some double-blind studies or any really good study that has eliminated other factors.
Society is a complex thing and to just say sex should be censored because it leads to violence, I say BS, and prove what you say with concrete data. I would say that the suppression of sex and sex related subjects is more cause for violence rather than jealousy from overexposure to sex.
God told the prophet Hosea to go out and take a whore as his wife. Sure, "God" had a lesson to teach the people of Israel. I say Hosea just got horny for some experienced lover. But you see back then when you could have 100 wives sex was more open, and prostitution was a legal profession. It was the whores in Temples they didn't like. Not everyone could afford to take care of 100 wives so prostitution filled a primary human need. This was recognized back then, and it's something we've repressed. But your quote isn't talking about whores, but about wives mostly. Which makes some sense from a wartime perspective. It's probably not a great idea to take a woman as a wife after you've just slain her husband and the father of her children, and maybe some or all of her children.
If you're into sick warped twisted violent video games and you are an adult or have the blessing of your guardians (if you have any), go for it.
Who are you to imply that I'm 'sick', 'warped', 'twisted' or 'violent'? I own every single GTA game ever released and I've not so much as been in a fist-fight since school. Don't try to tell me that what takes place in a video game has any bearing at all on a persons real-life actions and desires.
there are multiple versions of the Ksma Sutra in the house and some books on Renaissance Art
Since you are familiar with Renaissance art, you are doubtless familiar with the work of Hieronymus Bosch, particularly The Garden of Earthly Delights and The Haywain Triptych, both of which feature more torture, death, and hideous brutality than anything Grand Theft Auto has ever mustered. Is that acceptable for your children just because it's 'art'? What makes your artistic medium of choice intrinsically better than mine?
I understand your position of not wanting to expose your children to Grand Theft Auto - that's why it's 18+ rated and should stay that way - but branding it 'sick' without further explanation is over the line.
- Elias.
Dealing with lawyers would be a lot less tedious if they all looked like Casey Novak.