
Attorney fees, FTW...
As reported by
CNN/Money and other outlets, Take Two Interactive has settled a class-action lawsuit arising out of the 2005 Hot Coffee scandal.
As
GamePolitics reported back when the suit was filed, the original plaintiff was Florence Cohen, an 85-year-old grandmother who didn't mind buying the M-rated GTA San Andreas for her 14-year-old grandson - until the infamous hidden sex scenes were revealed.
According to the terms of the settlement, consumers who were scarred by the game can trade the Hot Coffee version of GTA San Andreas in for the no-sex edition. Or, those who are really troubled - and who saved their receipts - may qualify for a cash payment of as much as $35. The amount of the pay-out to individual consumers is apparently dependent upon the number of people who apply.
Take-Two has set aside more than a million bucks for the case, but that could rise to as much as $2.75 million.
Here's the
Take Two press release describing the settlement. Read the
original complaint...
Comments
That's justice.
"I have a pre-July 2005 copy. Maybe Strauss Zelnick will autograph it for me."
He might well do. Would probably go something like, "For Jack, Thanks for buying our games and funding us. Many thanks, Strauss".
And as for the topic at hand: It's crappy that they settled, I think, and I agree that at some point the industry should take a stand against issues arising from user-created content or user-done edits. But given the current political climate towards games (ungood) and towards T2 in specific (doubleplus-ungood) and the fact that the settlement amount isn't going to break their back, I can understand the desire to do so.
Then immediately arrest her on child abuse charges for buying the game for a 14 year old child with what it was KNOWN to be.
Hot Coffee, even it was all that easily accessible, didn't make the game that much worse.
That article that Jack posted mentioned training on Doom.
The sad part is it's not even an article. It's a press release hyping a "non-violent" game company. Basically it's pulling the "I think violent games are teh evil, buy my starfish game instead. Oh yeah, I used to be an insider, so totally trust me."
I think this class action was total BS. What are the chances that the kid ever actually found the scene? Slim to none. She just saw it on the news, didn't understand the nature of it and over reacted. Sounds familiar doesn't it?
San Andreas was the best one!
Interestingly enough, nobody seemed to point out that it took illegal alteration by software to make the scenes available. So, now while these folks are "winning" civil suits, they should be charged with hacking the software to make the scenes available in the first place.
Much like the Manhunt 2 situation.
After all, if all these folks think T2/Rockstar should be responsible legally for having the scenes in the software, then THEY should take responsibility for committing the crime of hacking the software (whether they wrote the hack or not, they would have had to USE it) to make the scenes available. After all, the user who DOESN'T hack the software is NEVER exposed to the scenes. ONLY those who hack are.
If you don't hack it, you shouldn't have a suit.
If you do hack it, you might have a suit, as well as criminal charges against YOU.
So there!
Nightwng2000
NW2K Software
GP: The one you spammed through the comments of seven different articles? Deleted, as I've already advised you. The take-away is, "don't spam the comments" I'd already seen - and passed on - that piece before you sent it. You are welcome, as always, to start your own blog where you can make those difficult editorial decisions.
Overall, it was good. But, in the last couple of the series, the inclusion of the bicycle/motorcycle was unpleasant and frustrating.
Trying to use the bicycle reminded me of the unpleasantness of "Track & Field" and other like it that required thumb breaking repetitive button mashing at high speed. I absolutely HATE that.
Nightwng2000
NW2K Software
If I ever go on a rampage, i'll shoot 10 and run like hell before they can even read thev letters.
But to complain later without getting the proper information, that to me is where she failed.
Nightwng2000
NW2K Software
It won't be on the XBox 360 version of the game 'cuz I won't get the Acheivements if I use the cheats like invincibility. :(
Nightwng2000
NW2K Software
Ask EULA. She'll tell ya.
And just because you own it, doesn't mean you can do whatever you want to it. Ask RIAA and the ESA, not to mention Homeland Security. :/
Nightwng2000
NW2K Software
I thought this was a "news" site about the video game industry? This is the biggest story to hit that industry in five years. Nice going, Dennis. What a tool.
GP: Big, huge story - Not. Feel free to read it. To me it's more like a press release for the guy's new film project. Some coverup...
INTERESTING: This "video game industry veteran" John Douglas, does NOT come up on a Moby Games search of design/developer credits...
MORE INTERESTING: Ol' John Bruce has already added this huge whistleblower story to the docket in his lawsuit against the Florida bar. Relevance? Unclear, but that's never stopped him before.
You already told all of us in the comment section of several articles, Mr. Thompson, in which we talked back to you about it.
As polite, grown-up people, we listen to what you have to say. How about you do the same?
Not every move you make is worthy of a news story, Mr. Thompson.
"Where’s the story I sent you, Dennis, about the video game industry whistleblower who has now come forward? Where’ s the story, our great Censor in Chief?"
Reaching for the bottom of the barrel, Jack?
Have you ever played it?
If you hack a game and then sue the company, the ESA should come after YOU! The music companies are not suing the individuals for illegal downloading, RIAA is as their representative. If these scums know the representative of the gaming companies will be coming after them for doing something illegal, they may think twice about signing up for those freebie class action lawsuits where the lawyers collect most of the money.
I'm surprised no one has gone after God of War, Conan, The Sims, Elder Scrolls, etc...It's free money folks, buy a game, download a hack from the internet, claim mental and emotional anguish, and viola, you get millions of dollars!
ESA take a fucking stand!
Sure, it probably won't sell anything like GTA, but definitely more than if JT had just left it alone.
Its some obscure article about Some guy who apparently took a hard line about anything bad in video-games affefting kids.
When no-one banned his games outright he got annoyed and is now in a huff and has left the industry to make animated movies. The whole article is more or less a press ad for his company and his cartoons
Not worth the time, effort or brainspace to read. He's certianly not a whistle blower or anything remotely special.
That "news" story is nothing more than a promotional piece for a guy's movie. No scientific evidence to back it up, just opinion.
Now, if you don't mind, the adults are trying to have a conversation here.
(And I agree with Dennis...get your own damn blog, already.)
That article isn't about video games. It's not the focal point of the story. It's about a guy who wants to make 'wholesome' entertainment for kids, via video.
I can see why you'd want to live vicariously through him. I mean, look - he's actually trying to make a difference, rather than being a total waste of life.
Class Action Suits have gotten out of control.
ROFLMAO!
What does it actually come down to if you ignore all the inflammatory misinformation and deceit?
"I got tired of the Action/Horror genre and decided to work on General Audience type stuff."
That's not "whistleblowing". That's a change in genre interests.
Since when was every Human being expected to like every single genre of every single media format?
Twit.
Nightwng2000
NW2K Software
Also, did you take your screen name from the somewhat obscure superhero? Or is there another reasonable origin of the name 'dog welder'?
That's not a big story - hell that's pretty much a non-story. This man, like you, has no background in mental health studies, psychology, or anything of the sort. His background is in law enforcement, and in playing and writing about video games. Your background in in law and in failure.
This man could be considered an expert at violent video games - this is not the same as an expert on video game violence and it's psychological effects. That last expertise is not something that either of you can claim, as neither of you have any background in that area.
@ John Bruce
Hardly a whistle blower. More of a concerned citizen who exercised his right to petition.
Good lck to John Douglas on his movie business.
***Now back to the topic at hand:
I still can't believe this made it to class action status. No one who was not seeking that content out would never have found it. You actually had to look for it and expend extra energy outside the game to find it.
This is akin to me breaking up an action figure with a hammer and then swallowing one of the peices and then sueing the toy company when I choked on the piece.
So when Dennis decides not to post about something you submit, he's the Censor in Chief, but when you want to block content from games, you're not really censoring, just thinking of the children?
You can't have it both ways, Jack.
Saying that you don't like a specific genre is NOT reason to call it whistleblowing.
On a more related note, if Hot Coffee even porn? 2 video game characters doin' it on screen, it's nowhere NEAR the stuff you can find on 4Chan. Hey Jack, why don't you go protest 4Chan. Kids can get free porn there, and they don't even have to PROVE their 18.
Easy way to use this court case to get money...Note to self: I should purchase a Bible from a book store, make sure a child flips to the book of Rev., Deut., and Kings... then complain how the horrific, terrible, and obscene language forever scarred and scared the child into believing in superstition out of fear, =(.
It probably would've cost Take Two more to continue the suit, then any gains coming out of it.
BTW, US civil suits are plain ridiculous. There should be a ban for suits about hazy emotional distraught claims, because these are pure bullshit money grabbers. Only REAL emotional distress caused DIRECTLY on a inter personal level (meaning, if one person directly causes you grave emotional distress).
Oh come on, those books can't scare a five year-old.
I don't understand the $35 payout, but the exchange policy should have been a no-brainer as soon as they recalled the re-rated version.
@JT
Just so you gamers understand: Dennis McCauley is sitting on a story about a video game industry insider who is now blowing the whistle on the industry’s illicit marketing and sale of mature games to kids.
Wow, what a story. Does he provide details? Nope. He just advertises his "non-violent" game company.
It's not news if it's merely an investment ad disguised as "news"... But I guess Jack's a failed lawyer, not a journalist, so I can forgive him for being fooled into thinking it was a "real" news story...
That story is about some guy who doesn't like the violent content present in some of today's games. You said that this was about an industry whistle blower, I had expected something more than "Newsflash! Man has opinion regarding entertainment media!"
It's just the latest in a long series of postings you have made which show you believe that the opinion of people you agree with is law.
Some excerpts:
""Virtually overnight, every violent video game in stores around the country was yanked from the shelf," recalls Douglas, "but, as soon as the public outcry died down, it was back to business as usual." "
I can't recall this happening after Columbine. Sure enough, you and all the other anti game nuts began the call to arms to "save the children", but what games exactly were taken off shelves?
""What I see now in video games does not even come close to what I witnessed as a Sheriff – it has become too disturbing to ignore any more.""
This is tone of the silliest thing's I have ever read. Of course there are more disturbing things in video games than you will see in law enforcement, they are the product of imagination and have no limit on what they can display. Dragons, monsters, zombies, ghosts, etc... The difference is that real life crimes are more disturbing as THEY ARE REAL! I would prefer 1,000 virtual characters be chopped into bits by demons, than one real person ever be raped/murdered/abused.
Also, he notes that it is too disturbing to ignore this content. It's actually very easy to. I wouldn't give two craps about the Manhunt games, but I find them forced down my throat by you and all the other who believe you occupy the moral highground.
""The real threat from video games is that parents are led to believe that these games are harmless forms of entertainment,""
Parents are lead to believe they are a form of entertainment. Not a harmless one.
"Many parents, who normally take care to monitor their children's activities, mistakenly believe that the "ratings system" will prevent the kind of unacceptable content that exist in many of these games – NOT so."
Is the man stupid? For someone who has allegedly worked in the video game industry, he should realise that the ESRB system is not there to prevent content that some people may find inappropriate. It is there to laebl the content so that people can identify it as inappropriate and make informed decisions regarding it's consumption or otherwise.
"Sara and the Starfish (award winning and approved by the Dove Foundation), the first in a series of family-friendly, faith-based DVDs, is being released by Grand Design Productions this month."
The truth emerges. A faith based DVD by "Grand Design" productions. This man hasn't found out some terrible truth or conspircay at the heart of the video game industry. He has found religion it seems, and it has allowed him to form an opinion. He is of course entitled to that opinion, just as we all are, but saying that he is a whistle blower is a little silly.
"devoting his efforts to this pendulum swing by producing animated films which will promote Christian principles and family values. Says Douglas, "It is a huge gamble – God willing, we will make a difference!""
Good luck to the man with his new venture, hopefully it will be successful for him. But if he wants to make any sort of a difference, maybe he should make a film which could educate parents regarding the ESRB and Parental Controls, and how to monitor your kids entertainment consumption effectively...
You hang on to that copy. If you can, go for it and get Mr. Zelnick to sign it for you. Y'know what? You should sign it, too.
Then, when you do finally get your license to practice law pulled (and it will happen, John. You can't dodge that bullet forever) you can put it up on eBay and use the profits from it to keep yourself out of the poor house. A pre-July 2005 copy of San Andreas autographed by both Strauss Zelnick AND Jack Thompson?! Man, that thing would sell like nobody's business. The game isn't worth playing (it just . . . sucks), but the fact that it was signed by both Strauss and the game hatin' (former) attorney himself would make it incredibly valuable, I think. Some casino in Vegas might pick it up and display it, like they did that grilled cheese w/ the visage of the Virgin Mary on it.
So you hold on to that copy, John. I think you'll need it more than any of us will.
Jack Thompson to a teen: "Show the court where Take-Two touched you".
That's the big news story? Yes John Douglas like Jack Thompson seems to think that the evil game industry climbs through children's room window to "assault" them while their parents are asleep and can't protect (raise) them properly.
We're likely to get more out of these games than hype and media hysteria either way.
Theres reading the bible and there UNDERSTANDING the bible in the context of WHEN it was written.
John Bruce (your real name, not your fake name)
The story is just an opinion piece, please grow up.
Article:
as with many of you, i agree; this should have not gone to court. the grandmother purchased the game. We don't even know if the kid had the knowledge or capability to hack the game anyway (do we?).
The article you sent isn't news, it's a man who makes toddler gamer like "Starfish Cove" who sees any level above Winne the Pooh as being harmful to children. Like you, he fails to understand that adults play games as well and they need games marketed to them. People are treating kids today too soft, did you know a parent can go to jail if they spank their child...when I was a kid, the only thing that got me to behave was a spanking...if I wasn't, I would probably end up like all the kids today...violent, rebellious, ready to fight bullies at school all because I would know my parents wouldn't do anything...luckily, I was raised better than that. So you go back to playing Starfish Cove, I'm gonna go play Half-Life 2.
Mr. Douglas wasn't a designer or developer, he was just a reviewer and evaluator. He never made games, just played them
Seriously, I would totally bid on that. In a twisted sort of way, that would be a great little souveni of this idiocy =)
And the grandmother in question is at fault here for buying the damn game for her grandson. I'd note that if any of this BS legislation that we've been seeing repeatedly shot down actually passed, there'd be grounds to bring up criminal charges against her (endangering child welfare, or some such).
Ignorance is no excuse for stuff like this. C'mon, lady, the M is right freakin' there on the front of the box. It's huge.
"Where’ s the story, our great Censor in Chief?"
Much like you proclaim Target has a right not to carry a specific product, as Dennis owns this site he has a right to show what is reported on and what isn't. And you calling someone else a censor-in-chief? You attempt to wipe your ass with the first amendment at every turn. You sicken me.
As to the actual story: the settlement seems fair enough, and a pretty small price for Rockstar to pay. It penalizes Rockstar for including content on the disc that was not advertised in the descriptors, but there's really no punative damages here. You can either exchange the game or get a refund.
Seems to me like he's just trying to market his new studio to it's christian demographic. Go ahead. Blow the whistle on whatever it is you think you can.
Look how much power you have given him. Normal people here, don't get that kind of attention. But JT speaks and you give him all the attention he craves egging him on so you can make another post and dig. Sure, you can you say it to disprove his point, but he says jump and you say how high. Getting an image of JT as the puppet master and GP is his puppet. Most call him a fool, but look how much attention he gets and power he has here.
Dance puppet... Dance.
Wiki-ing the name now, apparently it means "God is gracious," which is one quality JT severely lacks.
The one question I want to ask JT, face to face, is, "do you ever worry that your online persona will ever affect people's view of you in real life?"
Secondly, he's not really blowing the whistle ON anything. The article there simply states that he is disgusted by what he sees as a trend in today's media: that everything is tending to have more sex and violence than ever. From what I see, he's not saying anything about the videogame industry having deceptive practices, except that they are selling games. Plain and simple.
Once again, Jack, if you're going to have a crusade on violence in one medium, you should have a crusade about violence in EVERY medium. Where are your tirades about increasing sex and violence on television and in movies? about foul language and drug references in music? about the effect of a child reading Mark Twain and learning what the word "nigger" means?
This is like eating a dozen Snickers bars a day and this guy is telling you that all the peanuts are making you fat. It's the whole damn package, idiot! Try telling parents to limit their children's overall intake of media of any kind, rather than trying to take down Rockstar by whining a lot.
The judgement is a win-win. Thumbs up to Take-Two for showing they're a responsible company. Knowing this I'm CERTAIN if someone had called them directly and made such a complaint they probably would have shipped a new copy of the game with the edits free of charge or before the edited disk allow you to return the game with a full refund. Why not? They win nothing holding out. Not to mention it's a cheap price for all the free publicity they received.
Also, since they settled out of court, the plaintiffs may have had to pay their own attorney fees. Another thing Take-Two may have avoided, but since they settled out of court that information isn't disclosed.
The best part is since it WASN'T ruled on this doesn't set any precident in law on games and the hacks people do on it. Take-Two has MH2 out right now with the "same" issue. The last thing they needed was this case to be ruled against them.
Kudos to Take-Two and how they handled this.
Yep, christian "principles" are all we need to set the world right.
"The best part is since it WASN’T ruled on this doesn’t set any precident in law on games and the hacks people do on it. Take-Two has MH2 out right now with the “same” issue. The last thing they needed was this case to be ruled against them."
Thanks for pointing that out. I had misunderstood it then. :)
Jack, how the hell is this article groundbreaking? Hell, how is it even NEWS? Use your super lawyer powers to get him to come forth with some actual information. Threaten to sue his dog or something. I'm sure you can take a night and spin things around so it looks like Mr. Tickles, the family terrier, trained to attack mailmen through a game of fetch, aka "Attack-Dog Simulator".
Oh and stop talking ok we are tired of reading you stupid remarks about everything ok. All they do is make us laugh at you more than we already are.
I some how don't think you should be critical to anyone about censorship, sonsidering that you were proud of a title given to you from the ACLU about being the top censor for that year.
::::picks up a pair of legs on the ground:::: Are these yours, if so, then what are you standing on?
Good point. Also got to remember that one "legs on the ground".
Actually, the term "trained" on Doom is meant to say "trained to reduced their inhibitions to kill" (when you poit out that you can't train for markmanship on a videogame). So a better analogy is that using Doom to "train" is like going to a friendly game of paintball.
Next thing you know people will be suing Internet Explorer, Firefox and other web browsers because there is code that can allow a person to view porn.
I think more children have seen sex, animal planet, walked in on their parents, or the internet than those who hacked the game for some dry humping action.
Also, does he have a Mental Disability? He acts so immature for his age, to the point where it's just amazing.
That's one of the reasons why it's so obvious Jack just wants money.
i always thought someone hacked in to the game or modified the game to do this. obviously the grandmother didnt know what she was buying. The sex secne would obviously been found even if she didnt buy the game.
No, you were right the first time. From the wiki entry on Hot Coffee (http://en.wikipedia.org/wiki/Hot_coffee):
"The Hot Coffee minigame controversy concerns a normally inaccessible minigame in the 2004 video game Grand Theft Auto: San Andreas, developed by Rockstar North. Public awareness of the existence of the minigame arrived with the release of the Hot Coffee mod, created for one version of the product (the 2005 release for Windows-based computers). This mod enables access to the minigame."
The grandmother bought the game (because she's an idiot) and gave it to her underage grandson. Then she saw the news about Hot Coffee on television, realized it was the game she'd bought, and started the class-action lawsuit.
"Although the "Hot Coffee" minigame was completely disabled and its existence was only highlighted after the mod's release for the PC version in June 9, 2005, the assets for the minigame were also discovered in both the PlayStation 2 and Xbox versions of the game, and people found ways to enable the minigame [b]via console video game hacking tools.[/b]"
You DID have to hack to see anything, on PC or console.
Not off topic at all. That is what the story is about.
This 85 year old grandma bought her 14 year old grandson an M17+ game. Then she heard that there was a "hidden" sex game in it. Over reacted and went off to sue Take Two/Rockstar.
I don't think the kid himself ever found the sex game, but it was there.
@jack thompson.
He might, but then again might not since San Andreas came out before he was in business,and he might have a restraining order.
Anyway, this reminds me of the South Park episode where they get the ninja weapons.
Everybody's fine with violence, but show some nekkidness or pr0n and the world spins off it's axis.
Honestly Hot coffee wasnt all that bad and hell once i set up the gameshark code for it and saved it to my memory card it was kind of enjoyable every now and then..Mainly when i needed a break from working on 100 percent....
Jack save that copy and see if he will sign it for you..Im sure it will net you some cash to help around the house when you lose your law license..
Hey we are gonna have a party that day here on gp arent we??
He practically DOES, from what Dennis has said.
(I'm guessing "almost none.")
San andreas was a awesome game
Of course if he gets paid then he is a Game Industry Shril (just ask JBT) if not then he is stooge of the ECA . Either way he is screwed. Damn, it must suck to be hated by the clueless/demented. JBT derides, abuses and calls Dennis a liar then turns around and bitches and moans when his every little posting is not shown.
Hmmm I really hope Dennis get paid REALLY Well for dealing with John Bruce. Btw jackie ever consider that might be the reason most here would stand up for him while standing on top of you?
Subject time: Find it interesting that they insist that given a bit more time (its only been 2 years) they are sure they would win.... Umm I would take that time... Also interesting was their phrasing that while (or because) they are willing to make payments/exchanges that they are not a fault. That lost me. Yes I can understand PR but if they are not guilty of a thing (and not being fined or judged against) then why pay? Oh well at least they have not given JBT (or other money feed lawyer) any ammo for future slammings on this issue.
They decided to settle because it would have cost more to see this through to trial. Also deciding to refund people for their game would allow them to look like they were making retribution for these perceived wrongs. Plus paying out now protects them to an extent from future legal action on the same subject.
So in the end it saves them money (after all how many people are actually going to fit the requirments of the sttlement) and it saves them face.
Dude that is a very very dangerous thought process right there, if they did that then would have to sue everyone who made or dowloaded a mod, or at the very least it would set precedent for people who would want to do that, or something similar (like the RIAA).
Hey Jack I am still waiting for your answer.
Remember if you cvould tell me when games hurt someone I would stop playing games.
If you don't respond by tomarrow I win.
1. A ton of press and controversy
2. Being cleared by the ESRB (after Ao rating)
3. Slap on the wrist fine from FTC
4. They only have to give replacement games and/or refunds to their consumers.
All and all not that bad, considering what a hell storm it was.
Just don't hold your breath until then; that wouldn't be much of a victory. ;)
So pretty much Jack's "most important news find ever!" was just an advertisement? Why am I not surprised.
Yeah I know, he would probably just say Columbine or Virginia Tech, but of course those are wrong answers.
@ GP - You're doing a fine job.
While we all were expected this...
Thanks for again proving that you have no clue as to what you are talking about, and deliberately misinterpret things.
I think I know why he feels this is so legit, it almost reads like one of his pointless & lie filed ego booting rambling PR junk he is always harassing people with.
Made me laugh.
Just thought to quote one line from his "news" article that he posted on his website:
No doubt there will be a litany of credentialed experts who will debate the degree to which violence in video games, films, television and music may or may not have contributed to this atrocity. I, for one, don’t need to wait for their studies, articles or opinions to arrive at a conclusion on the matter. I firmly believe that the level of graphic and sadistic violence and evil I have seen in many video games is absolutely and without a doubt morally and spiritually corrupting and psychologically damaging. Moreover, I believe they serve as a blueprint on how to commit murder for twisted and corrupted minds. To defend such evil is unconscionable.
This man is nothing but a concerned christian who has decided like Jack Thompson that video games are the cause of the problems. He even admits that he is not going to wait for any scientific study or any facts - he has made up his mind - no wonder Mr Thompson considers him a rock solid expert.
LOL
If you want to read the whole tripe oppinion article you can find it here:
http://granddesignproductions.com/?p=13#more-13
Also interesting to note his comparisons of the killer from Finland to the character from the upcoming movie Hitman. :)
Go away, Jack. You're a childish, dishonest man. I don't know how else to put it.
"Screw the facts, i've got OPINIONATED HATE!"
LOVELY.
How many orders of magnitude larger was the prize for the lawyers over what the class gets?
How'd you miss this payday, Jack-o?
You're calling Dennis a censor in chief and you've dedicated your life to ensure the banning of all M-Rated games? How pathetic.