Hot Coffee Returns

New Lawsuit Set Off

The 'Hot Coffee' mod scandal has reared its ugly head again by sparking another lawsuit, this one launched in Los Angeles. Attorney Rocky Delgadillo claims that Rockstar and Take-Two Interactive misled the Entertainment Software Ratings Board on purpose and claims that the firms "engaged in unfair business practices by hiding pornographic material in a game which received an M rating."

Delgadillo's lawsuit does acknowledge that the "pornographic scenes" are not in the regular game but instead must be unlocked using a mod or console cheat system. He blames the companies for the creation of such mods because he says they marketed the game "in a fashion that encourages the creation and use of mods." The lawsuit seeks a $5,000 fine and for the companies to relinquish all profits made in the state of California.

"Businesses have an obligation to truthfully disclose the content of their products - whether in the food we eat or the entertainment we consume," Delgadillo told the Associated Press.

Source: GamesIndustry Article
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Reply #1 Top

I think this is silly.

Don't get me wrong. When I heard about this, I was quite furious. The old reporter aspect in me really wanted to whomp Take-Two good for this because it was more bad press created by the GTA series. What was worse was that it clearly undermined the ESRB's rating which is downright catastrophic in a political sense.

However, this lawsuit seems baseless because it appears to be suing over the ability of players to mod games - a very popular activity for most titles. Legal precedent here could be very dangerous if this guy were to win (assuming it goes to trial). How many companies do you think will continue to make games easily moddable if the think they can successfully be sued for it? Not many.

Just seems that this lawyer has the underlying premise correct (making sure that developers/publishers don't deceive the ESRB and consumers) but is going about it the wrong way.

Reply #2 Top
Just seems that this lawyer has the underlying premise correct (making sure that developers/publishers don't deceive the ESRB and consumers) but is going about it the wrong way.


I couldn't have said it better myself so I won't try.