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Take-Two Faces $20 Million Settlement For "Hot Coffee" Scandal

eldavojohn writes "Take-Two has settled with shareholders to the tune of $20 million dollars over the 'Hot Coffee' debacle. Ars brings the details on how a badly-handled situation resulted in shareholders suing Take-Two. '[The scandal] led to a media panic because it was assumed the sexual content was easy for children to get to (it wasn't) or that sex themes were becoming common in games (they aren't). Still, the lawsuit shows how badly the company bungled the situation, and it's easy to see how Take-Two's management directly caused shareholders to lose money. ... The suit alleged far more than a single misstep with Hot Coffee, however. "Take-Two's management was not cooperating or assisting with the Company's audit committee and was failing to keep the Board of Directors informed of important issues or failing to do so in a timely fashion," the complaint stated. Inventory was misstated, as was software development costs."

38 of 124 comments (clear)

  1. That's what you get by QuantumG · · Score: 2, Insightful

    for having shareholders. Raising capital is a necessary evil, but hell, grow organically if you can.

    --
    How we know is more important than what we know.
    1. Re:That's what you get by sopssa · · Score: 5, Insightful

      Its funny that you shoot people, hijack cars, drive over people and do all kinds of illegal things but when theres normal activities like sex that all people do, everyone goes "oh my god things like that shouldn't be allowed!" and bring in the lawsuits.

      Weird world, or should I say weird country.

    2. Re:That's what you get by QuantumFTL · · Score: 2, Insightful

      I'm pretty sure Take Two is doing just fine, even considering this. Also, nothing says "edgy" like "we got sued for something that wasn't even part of our game, because we're just that badass."

      Seriously, I'm sure the execs are laughing all the way to the bank. And the shareholders, well WTF do you expect if you invest in a company that makes games where you can get your money back after fornicating with a professional via vehicular homicide?

    3. Re:That's what you get by Pentium100 · · Score: 5, Insightful

      GTA SA had the same rating as Manhunt, the game in which you brutally kill people, while having a good look at how you do it (like strangling with a wire, or cutting the throat with the same wire or may more ways of killing people), in GTA SA you can run people over with your car, shoot them, burn them, cut them, explode them and so on. Both games actually depend on you doing that (unlike, say, Postal2 which you can finish without killing anyone). So all this is acceptable to allow people that are 17+ to play. But if you show two people pretending to have sex (IIRC the hot coffee mod showed people fully clothed) then what were you thinking, we can't allow THIS and people would have to wait a year before being allowed to play this game (18+ vs 17+).

      Really really weird country.

    4. Re:That's what you get by phantomfive · · Score: 5, Interesting

      This wasn't a lawsuit by people upset by the nudity, it was a lawsuit by shareholders, upset that the company had lost money. They felt the whole thing had been poorly managed, and wanted changes. It turns out they were correct, not only was that particular 'scandal' poorly handled, the entire company was being poorly run, they didn't even know how much money they had.

      In addition, $15 million will be paid by their insurance company. Though I'll bet their insurance premiums are going up next year.

      --
      Qxe4
    5. Re:That's what you get by Opportunist · · Score: 5, Insightful

      Make a movie. Kiss a pair of tits and it's rated M. Chop 'em off and it's PG13.

      Nicholson said it afaik. And he's damn right. It's more acceptable in movies to kill people than to fuck them. Let's be honest here, imagine killing spree scenes would be like the average sex scenes, we'd get to see people running around with their index fingers pointing at their enemies and shouting "pew pew".

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    6. Re:That's what you get by MistrX · · Score: 3, Insightful

      Oh good, I wasn't the only one that noticed that. I always wondered why we can have TV with murdering and killing as the order of the day while people are busy with a form of 'love' (like making it) and everything is in an uproar.

      I blame the church for trolling at people making people and promoting wars as a way to spread faith.

      Go forth and reproduce!

    7. Re:That's what you get by tfmachad · · Score: 5, Funny

      Don't worry, organized (?) societies at other parts of the world are inconsistent as well.

      I reckon the real issue is not depicting sex in itself, but rather depicting it as an entertaining and carefree activity. I doubt it that the whole Hot Coffee debacle would even exist if the Easter egg depicted instead the protagonist involved in worriedly procuring a condom, doing it under the sheets as to not expose himself and his partner (in a closed room), having erection and ejaculation problems and so forth.

      It's not that you can't have sexual content; what you can't have is guilt free sexual content. Oh, no, mister.

    8. Re:That's what you get by Ash+Vince · · Score: 3, Interesting

      In the latest version of Americas Army, the rectuiting tool produced by the United States you get to zip tie people after you have wounded them and let them bleed out on the floor.

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    9. Re:That's what you get by Jurily · · Score: 3, Insightful

      Make a movie. Kiss a pair of tits and it's rated M. Chop 'em off and it's PG13.

      Show a penis and it's R. After all, it's not like half the children actually have one.

    10. Re:That's what you get by Golddess · · Score: 2, Interesting

      Also, the amount of penis you can show and still keep an R rating is much much lower than the amount of breasts/vaginas you can show within an R rating.

      I forget where I heard this, I think it was in one of the Indie Sex films.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    11. Re:That's what you get by db32 · · Score: 4, Funny

      You know what...you can go to hell. I for one am very concerned about our poor public servants that would have to clean up the mess left by drive by orgies. This isn't about children, this is about stopping sex from happening in society all the places violence does. How the hell would the post office function if people would just quit and it turns into a big damned orgy? School orgies?! Do you really want that!? My god...those poor janitors...

      --
      The only change I can believe in is what I find in my couch cushions.
    12. Re:That's what you get by quantumplacet · · Score: 3, Interesting

      actually, an R rating only gets you tits and ass. show a cock in any sort of sexual context and it's NC-17.

    13. Re:That's what you get by mwvdlee · · Score: 2, Insightful

      Where does that $20 million come from anyway? Isn't this just the shareholders paying the money to themselves?

      I wouldn't be surprised if the whole 'hot coffee' thing actually increased profits for the shareholders. In fact I'd be surprised if it wasn't!

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    14. Re:That's what you get by mwvdlee · · Score: 4, Insightful

      Sex on TV is only allowed on the condition that it is part of a rape, rape/murder or other type of violent act. Even implying such a thing as consentual sex is just plain unamerican.

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    15. Re:That's what you get by Jason+Levine · · Score: 2, Funny

      Let's be honest here, imagine killing spree scenes would be like the average sex scenes, we'd get to see people running around with their index fingers pointing at their enemies and shouting "pew pew"

      Why am I reminded of LOLBat from PVP? http://www.pvponline.com/2008/08/28/epix-battle/

      On another note, imagine what movies would be like if the average sex scenes looked like the average movie's killing sprees. The hero would be surrounded by the (female) villian's bodyguards - fifty drop dead beautiful women. He would "take them on" all at once in the most graphic way possible. Finally, just when you thought the hero couldn't go any further, he and the female villian would have their "show down." Meanwhile, they'd toss some violence (in the form of a wedgie or two) in for good measure.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    16. Re:That's what you get by GigsVT · · Score: 2, Informative

      If that's true now, it didn't used to be true. There's plenty of R rated movies from the 70s and 80s that had a few frames of penis or female pubic hair.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    17. Re:That's what you get by Sylos · · Score: 2, Funny

      then I guess Watchmen is NC-17 eh? So much giant blue cock o_O

      --
      'Number-memorizing Chinese people.'-Anon
    18. Re:That's what you get by trytoguess · · Score: 2, Interesting

      Um... no when was the last time you watched TV? Generally speaking showing sex is ok as long as it's missionary position, vaginal, between a man and woman, and shows little besides the mans chest, and perhaps a little side boob. I recommend watching the movie "This Film Is Not Yet Rated" if you have the time. It does only deal with sex in films, but most of it's points also work for television.

  2. Comment removed by account_deleted · · Score: 3, Interesting

    Comment removed based on user account deletion

  3. America's Decline. by purpledinoz · · Score: 5, Insightful

    How is this even possible? No matter how badly Take-Two screwed up, the fact is, the game had to be hacked to get it to work! Regardless, who cares? Why are Americans so hung up on these type of issues, such as wardrobe malfunctions, gay marriage, steroids in baseball? In the meantime, bankers have effectively stolen trillions of dollars directly out of the pockets of every American. Less and less people are able to afford health care. Thousands of Americans are needlessly dying in Iraq. Middle class jobs are being decimated. The list is long... America is screwed.

    1. Re:America's Decline. by Opportunist · · Score: 4, Interesting

      It might be religion based. When you read the Bible, people usually get punished for fucking but rewarded for killing.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:America's Decline. by Anonymous Coward · · Score: 3, Interesting

      Oh please. Trust me, the watercooler and dinner table talk revolves around health care and the financial system. No one has even heard of this Hot Coffee thing except here on Slashdot.

    3. Re:America's Decline. by nomadic · · Score: 4, Informative

      in the US the basic rule seems to be Gordon Gekko's slogan "Greed is good", anything goes as long as you're being greedy.

      While in the rest of the world people get by with love and sharing? Greed is not a US problem. In fact, as badly as corporations do here they tend to be a lot worse elsewhere. Look at the China milk scandal.

    4. Re:America's Decline. by nomadic · · Score: 2, Informative

      No matter how badly Take-Two screwed up, the fact is, the game had to be hacked to get it to work!

      Exactly the point though; how incompetent do you have to be to get the company in this much trouble over something as stupid as that?

    5. Re:America's Decline. by mikael_j · · Score: 2

      "We're not horrible, the Chinese are worse! See?", great argument there.

      As a European I can confidently say that one of the worst influences the US has had on Europe in terms of culture is the spread of the "greed is good", "cash is king" and generally egocentric and egoistic ideals. That's not to say that we were all nice and friendly to each other, but the US influence can definitely be seen when comparing my home country today and thirty years ago.

      /Mikael

      --
      Greylisting is to SMTP as NAT is to IPv4
    6. Re:America's Decline. by nomadic · · Score: 2, Informative

      That's not the argument, just a counterexample to the idiotic notion that the US is the modern inventor of greed. It's the way people from other countries smugly feel free to overlook their own faults. What country are you in anyway?

  4. Proof how screwed up society is by piltdownman84 · · Score: 5, Insightful

    I still can't believe Rockstar had a mandatory recall on a game where you play a criminal, and the games primary objectives including assisinations, pimping, thieving and selling dugs because a third party patch enabled clothed sex scenes. Its almost so daft that I can't believe it. All this uproar over something that everyone does, in a game that glorifies acts thats are illegal almost everywhere and seen as unacceptable by almost everyone on this planet.

    1. Re:Proof how screwed up society is by purpledinoz · · Score: 2

      There should be a reality show on these people who are up in arms about this. They are probably the biggest morons on the planet.

    2. Re:Proof how screwed up society is by westlake · · Score: 2, Informative

      a third party patch

      Hot Coffee was easy to access in every version of the game. It was not a third party mod or a patch in any ordinary meaning of the word.

      Rockstar has a reputation for pushing the limits of public tolerance for content in a M rated game.

      Hot Coffee suggested a means by which AO content could be slipped past editorial review and unlocked later -- with a hint and a wink from the developers:

      A method that removed the game's censoring code of the M rated PSP and PS2 version thus restoring parts of the AO state was released by a group of PSP crackers. ESRB commented on this crack stating that it was not Rockstar's fault that this occurred and stuck with the M rating. Later, it was discovered the same method also works on the Wii version of the game.
      In September 2007, an uncensored PAL PS2 copy of the game was leaked onto the internet by an employee of Sony Computer Entertainment Europe, who was later fired.
      Manhunt 2

      That can't be allowed to happen.

      It is too big a political risk for the console manufacturers. Too big a risk for the online distributors like Valve. Retailers like WalMart. Too big a risk for the financial stake-holders - the bankers, the shareholders.

    3. Re:Proof how screwed up society is by mqduck · · Score: 2, Informative

      I still can't believe Rockstar had a mandatory recall on a game where you play a criminal, and the games primary objectives including assisinations, pimping, thieving and selling dugs

      For the record, the game includes no pimping or drugs selling. In fact, at one point you kill a drug dealer whose dope is fucking up addicted members of your gang. I recall one mission in GTA3 where you have to rush to pick up prostitutes and deliver them to a policeman's ball, but I don't think there was anything like that in GTA:SA.

      Not that I'm saying that invalidates your point or anything.

      --
      Property is theft.
    4. Re:Proof how screwed up society is by Late+Adopter · · Score: 2, Funny

      I still can't believe Rockstar had a mandatory recall...

      And if it were on a Kindle, it would've been deleted! I'm sure that functionality will be built into our next generation of consoles, "I'm sorry, you can't play that game because it's been recalled. Please see your retailer for a refund."

  5. Re:Shareholders Suing Company by Rufus211 · · Score: 3, Interesting

    I expect that in this case it's those who were shareholders in 2006 suing the company, who are likely no longer shareholders. In that case it's fairly reasonable. Say someone bought stock in 2005 and then sold it in 2006 when shit hit the fan for a substantial loss. That person can now recoup some of the their losses.

    Also Take Two had some sort of crazy umbrella insurance (how do you get "our directors are incompetent" insurance?) so the insurance company is ponying up $15M of the $20M.

    I wonder if I could manage to pull this off at a personal level. Get an umbrella insurance policy. Crash my car into a tree. Sue myself(defendant) for the pain and suffering caused due to the negligence of myself(plaintiff). If I(plaintiff) win, I(defendant) get the insurance company to cover 3/4ths of the settlement cost.

  6. Kopi Luwak by El_Muerte_TDS · · Score: 2, Funny

    So, does this make it the most expensive coffee in the world?

  7. Re:Only in the US by pHus10n · · Score: 3, Interesting

    Where in Europe are you? I'm currently stationed in England, and your "reversed" example is exactly something I saw one night on Sky TV around 10pm. It was a documentary about sex, including a scene where a couple are using multiple cameras... including one showing him pulsating inside her during orgasm.

    To top it off, there's a few movies I've seen on Sky One or Bravo that have the violent scenes removed from a movie --- even if it's integral to the plot.

  8. It's the message! by xtracto · · Score: 2, Funny

    The idea of recalling the game is to give a message to kids:

    Do not dare to play a video game where you simulate making love with a woman, GO OUT AND DO IT!!.

    --
    Ubuntu is an African word meaning 'I can't configure Debian'
  9. our society, go figure by jollyreaper · · Score: 3, Interesting

    You can show a man plunge a knife into a woman on television but god help you if you want to show him using a penis instead.

    Our society is a contradiction wrapped inside a hangup buried beneath a shitpile of hypocrisy. It's weird how we can have sex turned up to 11 to sell us shit on the tee-vee but actually showing it in a healthy manner is still verboten. I think it's the repression pushing down on society as a whole that has the prurient parts squeezing out the sides in such a disturbing manner. People get all horny and frustrated because pop culture is steeped in sex but trying to find a simple goddamn human connection in meatspace is an exercise in frustration. I suppose it's good for the economy. Angry and frustrated people usually go and buy something to make themselves feel better.

    Islamic societies are also known for their contradictions. It's still considered awesome for the man to get his wick dipped but any woman who does the same is a slut who should be put to death. Homosexuality is a crime worthy of death but the old ruling powers in the Middle East had their tradition of the catamite and there's a folk hero in Persian folklore I believe known for for always having his jug of wine and his boy close at hand.

    --
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    This Mahdi took Shaddam's Throne
  10. Re:Fundamentalists by westlake · · Score: 2, Interesting

    This is what you get in any fundamentalist country.

    That Rockstar was headed for a crack-up was perfectly clear to anyone outside the hard-core gaming community.

    Hot Coffee was no more an aberration than the later dust-ups over Bully and Manhunt 2.

    Hot Coffee is button mashing arcade sex play for adolescents. Not far removed from Custer's Revenge. [1982]

    The fundamentalist could argue that* the geek hasn't the least idea of how to introduce mature sexual themes and content into PC and console gaming. That he can't think beyond rape and prostitution.

    *- apart from the singular success of The Sims