Rockstar sued over Hot Coffee

By Games Industry.biz Published 30 January, 2006

By LA city attorney's office.

The city attorney's office of Los Angeles has filed a lawsuit against Rockstar Games and parent company Take-Two Interactive over the controversial Hot Coffee mod in Grand Theft Auto: San Andreas.

The lawsuit, which is apparently part of an ongoing investigation into the marketing of videogames, was introduced by attorney Rocky Delgadillo. He claims that Rockstar and Take-Two deliberately misled the Entertainment Software Ratings Board by not disclosing the hidden content, stating that the firms "engaged in unfair business practices by hiding pornographic material in a game which received an M rating."

The Hot Coffee mod allowed gamers to access a hidden mini-game in Rockstar's GTA: San Andreas, and view scenes of a sexual nature which would have been deemed inappropriate for the Mature rating that the game initially received. Rockstar initially maintained that the game was the solely the result of a third party modification, until the ESRB traced the same hidden code in all formats of the game and changed the game's rating to Adults Only.

Delgadillo's lawsuit acknowledges the fact that the content can only be accessed using a fan modification or console cheat-code system, but insists that Rockstar marketed the game "in a fashion that encourages the creation and use of mods." The attorney is seeking a combined fine for the two firms of $5000, that the firms relinquish all profits gained from sales of the title in California, and that Take-Two cover all court costs and associated charges as a result of the city office filing the lawsuit.

"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.

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Comments (27) Latest comment 6 years ago

Comments threads automatically close after 30 days, but please feel free to continue chatting on the forum!

  • el_pollo_diablo #1 6 years ago

    It's only sex, and fully clothed sex at that.

    All our parents did it.

    It's not like they hid the bad stuff, like killing people with chainsaws and promoting racial stereotypes.
    Edited by 2 at 30/01/06 @ 11:55

  • speedjack #2 6 years ago

    Mine didn't.

    /in denial

  • smelly #3 6 years ago

    IMHO any court which has ANY knowledge of how programming/mods work will laugh this out of court.

    But we'll see i guess.

  • groovychainsaw #4 6 years ago

    How did they market the game "in a fashion that encourages the creation and use of mods."? I dont remember those adverts!?

  • Hog-lumps #5 6 years ago

    but insists that Rockstar marketed the game "in a fashion that encourages the creation and use of mods

    Hmmmmm, dont remember any of the marketing literature saying 'hidden xxx content - try and find it hackers!'

    Honestly, what a fuss about nothing. Why cant they just leave ity alone?!

    edit: er yeah what groovychainsaw said!
    Edited by 1 at 30/01/06 @ 11:59

  • el_pollo_diablo #6 6 years ago

    And this is in California, the govenor of which starred in a series of 1980s violent movies and is a notorious sex pest.

  • Bitkari #7 6 years ago

    Let's all just have a laugh at the puritans across the lake who seem to believe that a little carry on-esque sexual content is somehow requiring of a higher rating than wanton crime, violence and antisocial behaviour.

  • smelly #8 6 years ago

    Let's all just have a laugh at the puritans across the lake who seem to believe that a little carry on-esque sexual content is somehow requiring of a higher rating than wanton crime, violence and antisocial behaviour


    Lets re-iterate FULLY CLOTHED carry on-esque sexual content

  • MrChuckles #9 6 years ago

    My view on all this is that the law has indeed been broken, and therefore they should have to pay up.

    But any law that allows people to go around shooting people but not allow those same people to have sex is just bloody ridiculous. The Victorians have a lot to answer for.

  • #10 6 years ago

    good for them, rockstar tried pulling a fast one and they got burnt.

    i hope they get sued for millions upon millions, the damage they've done to the industry is substantial.

  • Ninjamagic #11 6 years ago

    (put this on the wrong thread but this is the right one)

    Serves Rockstar right for blatanlty abusing their position at the expense of ££££ (sales).

    "Anything goes" was their motto to get $$$$$$$$$$£££££££££££££££

    Well "Anything goes" with their downfall i say - negative publicity - lost sales - former actors discontent - law suits etc...

    If you cant do the TIME dont do the CRIME

  • jellyhead #12 6 years ago

    Americans are funny, just agree an age rating sytems ffs!
    / Yawn

  • Tweakmonkey #13 6 years ago

    I think if they sue anyone it should be the people who made the hack, but that would be ridiculous. But anyway, no actual harm was done to anyone right?

  • reality_cheque #14 6 years ago

    Tweak: Then why did they bother to lie? Why not just say "well it was there but we didn't think anyone would actually find it. tbh we forgot to take it out, now fine us and lets get this over and done with."

  • Feanor #15 6 years ago

    "Americans are funny, just agree an age rating sytems ffs!
    / Yawn"

    America already has an age rating system. Rockstar is in trouble because they tried to get around the system by leaving a mini-game in GTA:SA that would have gotten the game an AO rating if they had told the ESRB about it like they were supposed to. And then they tried to say it was all some third party mod! They've got no one to blame but themselves.
    Edited by 1 at 30/01/06 @ 13:46

  • ecureuil #16 6 years ago

    The hot coffee minigame was disabled. They didn't take it out of the game, but by disabling it, they obviously didn't intend people to play it. The hot coffee game wasn't even complete for gods sake, it's like they started it, and realised it was stupid and scrapped it, but forgot to remove the code. I don't believe they ever intended people to actually see it.

    The real issue, is why the game is full of drugs, swearing, extreme violence, blowing peoples heads apart with shotguns and all manner of weaponry, racial sterotypes, sexism, police killing, prostitute visiting and other general law breaking, and yet something which is completely legal, and natural - sex - is discovered in the game, in a HORRIBLY pixellated, fully clothed mess that barely resembles sex, and the whole of America goes in to uproar. JUST DROP IT ALREADY. All the aforementioned things are MUCH worse than this stupid sex minigame that is inaccessible without modifiying game code. I can murder innocent people and kill police, that's fine for our kids to play, but if there's any dry sex in the game ADULT ONLY. What the fuck is wrong with America.

  • smelly #17 6 years ago

    You obviously have no idea how development works

    Erm, actually i'd say it was you who didnt...

    Lots of things like this are tried, maybe the legal dept told them to turn it off for fear of something like this. Maybe they got it working then decided it was pants?

    Lots of things are possible.

  • MrChuckles #18 6 years ago

    Well, being in the games industry for over 10 years now, could be either :-). Quite often we stick stuff in while developing, and then dump it at the last moment due to time restraints at getting it finished or because it just isn't good enough.

    However, for the whole hot coffee minigame to work it in its entirity when unlocked is very dubious. Only 2 possible possibilities:

    1. It was about to get released when someone said right before release, 'it's too risque, cut it', which if it was the case, it would have been removed completely. As it was cut so late, they probably wouldn't have removed it from the disc as it could impact other areas of the game.

    2. It was left in as a hidden feature to gain more adverse publicity for the game that thrives on exactly that publicity.

    Seems too coincidental not to be no. 2.

    Also, if it broke the law in the US, why the hell were they developing it in the first place?

  • smelly #19 6 years ago

    Also, if it broke the law in the US

    Hmmm.. Depends on whether the lawsuit is about hte FULLY CLOTHED scenes which are in there, or the mod which alters the textures to nudity.

    ALSO, did you know in germany blood and guts are pretty much banned in games? Over there most games just disable the code for it in much the same way. Maybe they wanted to release the game with the sex scenes in, in countries such as germany who have their morals the right way around?

    Edited by 1 at 30/01/06 @ 15:06

  • Carrybagma #20 6 years ago

    It's another seedy marketing ploy from a company that trades on it's notoriety.

    Some prickinasuit probably had 'hot coffee' in his marketing schedule.

  • Ninjamagic #21 6 years ago

    Bring them down!!

  • smelly #22 6 years ago

    *sigh*

  • Ninjamagic #23 6 years ago

    ROCKSTAR KNEW THAT HOT COFFEE WOULD BE FOUND AND THAT'S WHY THEY PUT IT ON THE DISC!!!!!
    ------------------------------------------------------------ --------

    Hit.
    Nail.On.
    Head.

    Plain and Simple. More items and PR for the above = more Sales.

    Thats all that mattered to Rockstar.

    They dont give a **** about the kids, attorneys, rights groups or even You.

    Yes.

    You (defending them)

    They do however, give a crap about their bank balance and how much £££££ will be in their account.

    So "Anything goes" to get the sales.

    Anything goes to bring them down.

  • Feanor #24 6 years ago

    "Have I woken up in some kind of nightmare land of total insanity?

    They didn't intend for people to play it???? They spent time (which equals salaries, i.e. MONEY) on creating, coding and animating those scenes.. they built the bedroom meshes, they created HUD graphics etc etc and you honestly think they didn't expect it to be seen?"

    Unfortunately, it seems that you have. Rockstar even recorded and included the voice acting for the Hot Coffee mini-game, as well as all the other things you mentioned.

    "Also, if it broke the law in the US, why the hell were they developing it in the first place?"

    It wouldn't have broken the law, it just would have earned GTA:SA the AO rating from the ESRB which means many retailers would have never stocked the game. In other words, commercial suicide.

  • smelly #25 6 years ago

    quoteROCKSTAR KNEW THAT HOT COFFEE WOULD BE FOUND AND THAT'S WHY THEY PUT IT ON THE DISC!!!!! quote

    Do you know that for a fact? If not, If i were you, i'd be awaiting lawyers knocking on my door quoting slander.

  • archonsod #26 6 years ago

    "But you don't know that. It's not a rare thing for games to be released with assets on the disk that don't appear in the game itself - a game I worked on a few years ago had several unfinished levels left (disabled) within it when it went gold, and to this day they haven't been discovered."

    Indeed. Theres currently 2 Mods in development for KOTOR II which are attempting to restore cut content which is on the disk, but not the game. Similarly, Baldur's Gate II had a mod release restoring quests, dialogue and cutscenes which were cut from the original release. It tends to happen with any complex software - the bit you intended the code to be used in may be cut, but the code itself may still prove useful or essential to the end software.

    "ROCKSTAR KNEW THAT HOT COFFEE WOULD BE FOUND AND THAT'S WHY THEY PUT IT ON THE DISC!!!!!"

    The fact that the subgames Hot Coffee unlocks do not work and lack the polish of the rest of the game suggests that Rockstar never intended them to be available to the player. It could have been a big conspiracy to defraud ESRB. Its equally likely that they just ran out of development time, or intended the content to be available in other territories and had a change of heart.

  • Ranger101 #27 6 years ago

    ManicMinerUK is a Game Dev....

    And if they didn't want to include it, it would've been a case of disabling the feature and not deploying the graphics/textures/mesh into the build code. Unless of course those were common resources, and the coding for the module was tied inexplicably to the rest of the game.


    Still, bad play on their part to claim it was a external mod and not a flag/unauthorised internal modification. They probably would save more money (as no one would really make any use of it) if they at that point, offered to replace anyone's disc with a hotcoffee less version. Would have looked good from a legal standpoint. A bit like Microsoft and the Xbox power cables.