Woman sues video game manufacturer

[Player-X]

Woman sues video game manufacturer


NEW YORK (AP) -- A woman upset that she bought the video game "Grand Theft Auto: San Andreas" for her 14-year-old grandson without knowing it contained hidden, sexually explicit scenes sued the manufacturer Wednesday on behalf of consumers nationwide.

Florence Cohen, 85, of New York, said in the lawsuit filed in U.S. District Court in Manhattan that the game's manufacturer, Rockstar Games, and its parent company, New York-based Take Two Interactive Software Inc., engaged in false, misleading and deceptive practices.

She sought unspecified damages on behalf of herself and all consumers nationwide, saying the company should give up its profits from the game for what amounted to false advertising, consumer deception and unfair business practices.

Cohen said in the suit that she bought the game in late 2004 for her grandson when it was rated "M" for mature, for players 17 and older. According to the suit, she directed that it be taken away from her grandson, which was done.

The game was released in October with an "M" rating. After a storm of negative publicity about the hidden scenes, the Entertainment Software Ratings Board, an industry group responsible for rating games, changed the rating to "AO" for adults only.

Laurence D. Paskowitz, the lawyer who filed the lawsuit on behalf of Cohen, said no parent would knowingly buy an adult-only video game for their children.

"They should really make sure this doesn't happen again," he said. "The least this company can do is offer refunds."

Hidden areas in video games that can be unlocked with special codes or modifications are not uncommon.

Take Two Interactive initially said the scenes were not part of the retail version of the game but later admitted they were.

A message left for a company spokesman was not immediately returned. On Tuesday, Take-Two announced that it had been notified by the Federal Trade Commission's Division of Advertising Practices that it was conducting an inquiry into the game's advertising claims.

The company said it planned to cooperate fully with the probe.

"Rockstar Games and Take Two Interactive regret that consumers may have been exposed to content that was not intended to be accessible in the playable version of 'Grand Theft Auto: San Andreas'," it said in a statement.

The company said it had halted production of the game in the controversial form and was working on a version of the game without the hidden sexual content.

"Going forward, the company will refine the process by which it edits games and will enhance the protection of its game code to prevent such future modifications," it said.

Earlier this week, the House voted 355-21 for a resolution asking the FTC to investigate the company. Last week, Sen. Hillary Rodham Clinton, D-New York, asked the FTC to investigate Rockstar, saying the company had "gamed the ratings system" by concealing sex scenes in the game that can be unlocked by computer programs available on the Internet.

Wal-Mart Stores Inc., Target Corp., Best Buy Co. and Circuit City Stores Inc. have pulled the game -- last year's top-seller among console games -- from their shelves following the rating change.

So even little old ladies are trying to cash in on this

[ShadowDancer]

Did she buy it knowing that it contained the killing of prostiutes, cops, etc but oh, they have sex.. noooooo!

These people are bunch of hypocrites money grubbing scum of life.

[Nevermore]

There it begins, RUN TO SAFETY!

__________________
[23:02:11] <HC_Rikki> i have a list of webcomic here, you really might like. mustsee references
[23:03:07] <Neverm0re> hmm, I can always look at them but references is far to be a thing that I need.
[23:03:39] <Neverm0re> and I do believe representing the members the way I think they are is quite cool because they are stars
[23:04:15] <Neverm0re> of course, some are over exagerated like miretank who has an afro
[23:05:30] <HC_Rikki> were the herpes and other discutable features necessary ?
[23:05:52] <Neverm0re> XD

[Strider]

yes i also think rockstar games should be held responsible for this false advertising and i think they should give be punished by giving me all the profits from the game

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[dpence]

You have to blame Rockstar/Take two equally as well...if said content wasn't placed in the game, even hidden, then there wouldn't be an issue. While I agree it is just a game and all and not "real". THe bottom line is it shouldn't be there to begin with. IF a game maker has to include all the violence and sex and such to sell a game then they are in deep, deep trouble. A game like DOA Vollyball comes to mind...one of the worst games ever made that included sex just to sell a few extra copies...
Sure the game maker has the right to include what they want. BUT when they do, they can and should expect to be regulated (Such as the porn industry) when the content is unsuitable for a family environment. And I am talking about extreme things here, not your run of the mill, action shooter/blood flying things..but the needless stuff like the hookers in GTA...they didn't need that crap, it was pointless. They just included it trying to sell more games not for the "Creative" content....
As the saying goes, Lay down with dogs, wake up with fleas... If they include it, then they have to deal withthe reprocussions...

[RF]

She sought unspecified damages on behalf of herself and all consumers nationwide, saying the company should give up its profits from the game for what amounted to false advertising, consumer deception and unfair business practices.

Wheres my cut?

She admits to buying an M rated game for a 14 year old. Wow, she is smart. Stupid people -_-

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[ShadowDancer]

Originally Posted by Reichfuher

Wheres my cut?

She admits to buying an M rated game for a 14 year old. Wow, she is smart. Stupid people -_-

Well she's 85. She probably didn't know where she was at the time.

[Nevermore]

That reminds me, WITHOUT KNOWING THERE WAS SEXUALY EXPLICIT SCENES?

Goddamn, learn to read you stupid *****. Sorry about the foul language but maaan What the hell!? :cuss2: :cuss2: :cuss2: :cuss2:

-> STRONG SEXUAL CONTENT <-

Rockstar games has that one in the bag since they clearly mentionned it on the back cover.

Attached Images

1099800887-00.jpg (135.4 KB, 98 views)

__________________
[23:02:11] <HC_Rikki> i have a list of webcomic here, you really might like. mustsee references
[23:03:07] <Neverm0re> hmm, I can always look at them but references is far to be a thing that I need.
[23:03:39] <Neverm0re> and I do believe representing the members the way I think they are is quite cool because they are stars
[23:04:15] <Neverm0re> of course, some are over exagerated like miretank who has an afro
[23:05:30] <HC_Rikki> were the herpes and other discutable features necessary ?
[23:05:52] <Neverm0re> XD

[hellmasterx]

"**** or walk"

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[TheCloudOfSmoke]

Man! How much more simple can the ratings be?! I guess the old b**** thought M stood for Minors. Wouldnt u think that the"blood and gore" "Intense Violence" "Strong Language" and "Use of Drugs" let alone the "Stong Sexual Violence" would be reason enough not to buy a 17+ game for your 14 year old grandson.plus look at the name of the game, "Grand Theft Auto". what do u expect from a name like that.she should get sued for being so damn stupid and wasting ppls time.its like smoking clearly labled cigarettes and then trying to sue the ppl who made them cause u got lung cancer.

[Vanit]

Not that this will change the wind of any of this, but most 14 year olds have seen more graphic imagery than what GTASA had to offer. As TheCloudOfSmoke said, her son doesn't even meet the original rating so her case is already invalid.

Besides, this gives Take Two the opportunity to make a second edition with extra stuff in it, as well as less coffee, which could very well be a good way to get more profit. I hope Take Two realises this and works it to their advantage.

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[dpence]

Originally Posted by TheCloudOfSmoke

Man! How much more simple can the ratings be?! I guess the old b**** thought M stood for Minors. Wouldnt u think that the"blood and gore" "Intense Violence" "Strong Language" and "Use of Drugs" let alone the "Stong Sexual Violence" would be reason enough not to buy a 17+ game for your 14 year old grandson.plus look at the name of the game, "Grand Theft Auto". what do u expect from a name like that.she should get sued for being so damn stupid and wasting ppls time.its like smoking clearly labled cigarettes and then trying to sue the ppl who made them cause u got lung cancer.

Ummm, Cigarette makers purposely put in things that make them more addictive, so it is not a good analogy to use....

[Mr. Killjoy]

Knowing that TV ads and shows have far more sexual content than any videogame,
they'd better sue the Fox, Paramount, and so on...

Anyways, she shouldn't even have bought it if she wasnt too lazy to read the ESRB rating details
Here in France we're less regarding of such things... Your average R movies are rated age 12+ (your PG13), but of course, USA is the country where suing for money/minor things is a trend ;p

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[TheCloudOfSmoke]

video game maker purposely puts drugs sex violence and killing to make them addictive also.so it is a good analogy.the market for m rated games is much bigger than E rated market.just look at gamecube 4 instance (the kiddy konsole) and compare it to the more "mature consoles" ps2 and the xbox which sell more.

[Vanit]

Originally Posted by TheCloudOfSmoke

video game maker purposely puts drugs sex violence and killing to make them addictive also.so it is a good analogy.the market for m rated games is much bigger than E rated market.just look at gamecube 4 instance (the kiddy konsole) and compare it to the more "mature consoles" ps2 and the xbox which sell more.

You couldn't be more wrong.

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Click here to download my Sin and Punishment English translation.

[Player-X]

video game maker purposely puts drugs sex violence and killing to make them addictive also.so it is a good analogy.the market for m rated games is much bigger than E rated market.just look at gamecube 4 instance (the kiddy konsole) and compare it to the more "mature consoles" ps2 and the xbox which sell more.

I would have to agree on vanit on this one, the gamecube didn't do as well as the othre two because of weaker marketing and also it came out after the PS2

[Exodus]

i thought it would have been more attributed to the weak 3rd party support.

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No, I don't like anime, Street Fighter, Japanese music or download video game music. Yes, I know, I'm weird.

[Esturk]

The japanese version of Final Fantasy IV was so much cooler. Rosa and Cecil make out on two occasions, where in the American version it was censored and they were left to just hug. They actually took the time to edit the sprites... Rediculous.

This kind of crap is just retarded.

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[Player-X]

Hot Coffeegate: I’ve been damaged by breasts
COME ON everybody, it’s "Rubbing It In Week" for publishers of Grand Theft Auto: San Andreas, Take-Two Interactive. First off it's confirmed that they’re being investigated by the Federal Trade Commission in the US, as we reported the House of Representatives had urged them to do here. Now they’re being sued for around $5 million by Florence Cohen of the Southern District of New York, according to Associated Press. She claims that she was "damaged" after learning of the sexually graphic mini-games unlocked by the Hot Coffee mod, having bought what she thought was an M-for-Mature-rated game for her grandson.

Her complaint seeks class-action status for buyers of San Andreas and relies on four causes of action. The complaint accuses Take-Two of committing or engaging in "Consumer Deception" (based on New York State General Business Law statutes, section 349), "False Advertising" (based on New York State General Business Law statutes, section 350), "Common Law Fraud," and "Unjust Enrichment", with the case due to be heard in front of a jury in the case that could lose Take-Two in excess of $5 million as well as mark a watershed for the games industry.

Would this be a bad time to recall the 1992 case when McDonalds was sued because a woman was burned by its hot... wait for it, wait for it…coffee?

I’ll get my coat. µ

nuff' said

[TheCloudOfSmoke]

lets get to the point.did the little brat actually see the minigame.if not... what is the problem.and exactly how do i obtain this so called minigame... i have to conduct some research of my own...