Take-Two has announced a proposed settlement to class action litigation related to the "Hot Coffee" controversy, GamesIndustry.biz reports.

Back in 2005, the company was sued after it was revealed that Grand Theft Auto: San Andreas contained a "Hot Coffee" pornographic mini-game.

Under the proposed settlement, which must be approved by the court, neither Take-Two nor Rockstar Games admits liability or wrongdoing.

"If the case had continued, we believe the court would have agreed that Take-Two was not liable for consumers acting independently to modify their games with third-party hardware and software to access normally inaccessible content," said Take-Two CEO Ben Feder.

"Nonetheless, we believe it is in the best interest of the Company to avoid protracted and costly litigation to prove our case and to finally put this matter behind us."

Consumers will be able to exchange their original versions of the game, re-rated AO by the ESRB when the content was revealed, for M-rated versions. They may also be entitled to a USD 35 cash payment if they can provide a proof of purchase.

According to Take-Two, to qualify for benefits consumers will have to swear that they: "(a) bought a copy of Grand Theft Auto: San Andreas before July 20, 2005; (b) were offended and upset by the ability of consumers to modify and alter the game's content using the third-party Hot Coffee modification; (c ) would not have bought the game had they known that consumers could modify and alter the game's content using the third-party Hot Coffee modification; and (d) would have returned the game, upon learning the game could be modified and altered, if they thought this possible."

Take-Two said it will spend at least USD 1 million in settlement benefits, with its total out-of-pocket costs capped at USD 2.75 million. Those costs do not include the plaintiff's legal fees, which Take-Two has agreed to pay.

Full details, including the requirements for receiving a replacement disc or a refund, will likely be disclosed after the court has approved the settlement later this month.

Is that a fact in your pocket or are you just GamesIndustry.biz?

Sometimes we include links to online retail stores. If you click on one and make a purchase we may receive a small commission. For more information, go here.

Jump to comments (12)

About the author

GamesIndustry International

GamesIndustry International

Contributor

GamesIndustry International is the world's leading games industry website, incorporating GamesIndustry.biz and IndustryGamers.com.

More articles by GamesIndustry International

Comments (12)

Hide low-scoring comments
Order
Threading

Related

Grand Theft Auto: San Andreas

The biggest game ever. In oh so many ways.

Grand Theft Auto: San Andreas

Doesn't Mean Anything.

Bizarre mod adds GTA character to Zelda: Breath of the Wild

All we had to do was follow the damn Oaki, CJ.

Grand Theft Auto: San Andreas sneaks onto PS3

But it's not the "classic" version.