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Hot Coffee settlement site percolating

Customers offended by Grand Theft Auto: San Andreas sex minigame can now sign up to receive checks from class action suit.
By Brendan Sinclair, GameSpot
Posted Jan 29, 2008 10:56 am PT

With Grand Theft Auto IV finally issued a concrete release date (again), Take-Two Interactive may finally be getting the chance to fully put the San Andreas Hot Coffee scandal behind it. The publisher agreed to settle a class action lawsuit centered around the controversial minigame last November, and gamers can now visit an official Web site to sign up for their piece of the settlement pie.

Under the terms of the settlement, Take-Two will be offering a handful of remedies to customers, from an exchange program to replace AO-rated versions of the game with M-rated discs to cash payments. In order to claim the benefits, customers will have to swear that they bought a copy of the game before July 20, 2005 (the day San Andreas was rated AO for Adults Only by the Entertainment Software Rating Board), and were "offended and upset by the ability of consumers to modify and alter the game's content" with the mod. They also have to swear that they wouldn't have purchased the game if they'd known about the mod, and would have returned the game upon learning of the mod if they thought they could.

Anyone with a copy of the original San Andreas can exchange it for a replacement disc without the objectionable content. Those who have a detailed receipt from the purchase of the disc can get a cash payment of $35 or 75 percent of the purchase price, whichever is less. If someone submits a credit card statement or canceled check made out to a store that sold the game, that person can get reimbursed for the lesser of $17.50 or 35 percent of the purchase price.

Even gamers without proof of purchase or even a copy of the game are eligible for restitution. Those who swear to the approximate location and date of purchase can get $10 if they also send in a San Andreas disc to be replaced, or $5 if they no longer have the disc.

Take-Two has said it will spend at least $1 million on settlement benefits, but its out-of-pocket costs as a result of the agreement will be capped at $2.75 million. If the total number of claims against the publisher amounts to more than that, the cash payments will be trimmed across the board on a prorated basis.

By signing up to receive benefits, customers are waiving their rights to sue Take-Two over the Hot Coffee issue on their own. Those who want to retain those rights must opt out of the settlement agreement in writing. For more details, visit the settlement site.

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258 Comments

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catbuffalo

Actually i advocate everybody cashing in on this. If we take enough then maybe we can reform frivolous lawsuits like this.

Posted Apr 10, 2008 1:12 am PT
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Smoolander

Does this just seem to highlight how the American media and legal system is run by neo-conservatives with a disgraceful sense of inappropriate content.

"It's OK for my 15 year old son to walk up to a stranger in the street in a game and shoot them with a shot gun, but you shouldn't be watching simulated sex in a game. There's a good boy, you continue with the violence".

Sorry, this just screams STUPIDITY to me.

Posted Feb 23, 2008 11:35 pm PT
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reneetruss

no they left an half finish sex minigame in the game's cutting room where noone had access to it. It wasn't apart of the finish product. It was the darn mod community that dig into the game and made software and hardware to access it. lets get our fact straight and the fact that they gave some lawyer in a class action suit any money is astounding.

Posted Feb 22, 2008 8:18 pm PT
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jessie5788

thers no way in hell i would return my hot coffee version of GTA:sa. people who are offended are sad. most people who sign up will only get 5 dollars. i blow my nose with 5 dollars. its not enough money for anyone to waste there time with. any one who sign up for this is not a true gamer. i hope gta 4 has a sex scene also. damn PTA parents.

Posted Feb 8, 2008 7:53 pm PT
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Noob-Antichrist

Wow, I don't what's stupider, this insane law system or division_9

Posted Feb 4, 2008 10:07 am PT
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division_9

It's not silly at all. They put a sex minigame in and rate it for 18 year olds and you guys say its unfair and ridiculous?. I'll tell you who's being ridiculous its you!. they pretty much had it coming when they decided to have a sex minigame shoved in and sell it to 18 year olds cybernerds.



@smc_sewer

The only normal people left are U.S. gamers?. What kind of world do you live in?. If there are any bad gamers in the world its americans. American "Gamers" are generally ignorant,arrogant,self centered,greedy,uncaring,disrespectful,stupid,useless,wasteful,obese,lazy,
septimistic,emo-ic,crazy,boring and just plain weird. They are the very icon of the typical nerd!. Being normal is basically being a weirdo because no one's perfectly normal in the first place!!.

Posted Feb 4, 2008 7:04 am PT
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Devvy01

This is plain silly, buy the game and take your own responsability for your own actions.

Posted Feb 3, 2008 4:52 am PT
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smc_sewer

I'm offended YES! i'm offended that no country will allow an AO rating for games.
I'm offended that censor boards for each country are two faced and dont turn around and ban all any other material that kids will and do get hold of.
Whats the world coming to ? it's full of idiots and it looks like us gamers are the only normal people left.

Posted Feb 2, 2008 10:49 pm PT
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PoisonMushroom

damn the world, take two doesn't deserve this.

Posted Feb 2, 2008 9:31 pm PT
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OJTiger

dam i thought about doin iut but $17 aint enugh

Posted Feb 2, 2008 7:24 pm PT
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dag204

This is just ridiculous.

Posted Feb 2, 2008 1:26 pm PT
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JimmyH03

okay, so you love the game and then you're cheating the company out of money from a case the shouldn't have lost...
i'm with you on that massuht...
i pity you people claiming money!

Posted Feb 2, 2008 1:03 pm PT
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fixdeluxe1

I love this game but I am going to get a free 35 bucks woohoo I got the game free

Posted Feb 2, 2008 12:37 pm PT
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alljoemama92

hey i still got my hot cofie copie as well no thanks when you buy a game thats rated 17 and up be ready for the worst and wtf i can kill a cop with a **** but nooo sex is bad killing is good people like this is what is wrong with the world

Posted Feb 1, 2008 4:42 pm PT
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kb8618

damn i think i threw out my receipt last year after i found it in the game case

Posted Feb 1, 2008 4:34 pm PT
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parrot_of_adun

I honestly think that ANYONE who believes T2 should be sued deserves to burn.

Since when was non-graphic sex WORSE than bloody massacre of police officers??? (not that I'm against that).

Posted Feb 1, 2008 4:07 pm PT
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massuht

What a load! Screw this stupid settlement and every lying jerk who takes advantage of it for a few dollars. It's too bad they couldn't ban anyone who collects on this from playing GTA4. I bet that would eliminate at least ninety-five percent of the payouts. Pretty sad that people aren't more loyal and would rather have a pathetic 35 dollars than show support to a company that makes such great games.

Posted Feb 1, 2008 3:58 pm PT
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360wishlist

wow this retarded

Posted Feb 1, 2008 3:34 pm PT
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sirus1210

what i find more annoying than anything is how exactly rockstar ended up losing the hot coffee case in the first place. it took a user modification to access the content! it just seems like maybe they should make some changes to their legal department ...

Posted Feb 1, 2008 1:47 pm PT
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xNJN

I'll take that $35 and preorder GTAIV with it.

Posted Feb 1, 2008 11:34 am PT
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andegelvil

Shoot a cop in the head watch blood splirt out ,no problem, watch people have sex we gotta problem chuck.

Posted Feb 1, 2008 11:29 am PT
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Cygnus_Turk

This is test message.

Posted Feb 1, 2008 8:27 am PT
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kerc_chaos

@ 10054254

LMAO, damn straight there were some sex scenes in that game, but it's from Europe, I suppose it's legit there.

Posted Feb 1, 2008 8:20 am PT
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10054254

I think ill hold on to my copy thank you, then stick it on ebay in a few years. Can i complain about fahrenheit? it had an interactive sex scene in it....infact 2 of them. So can i get money from them?

Posted Feb 1, 2008 6:09 am PT
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metaldeath87

Oh hell yeah. I've got a "Hot Coffee" copy. Looks like I was shocked and offended by the content. It's only $35, but damn. Who am I to say no to free money?

Posted Feb 1, 2008 1:40 am PT
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TranClan

If I was dihonorable I'd pretend I was offended and take the cash then I'd at least try to do some good with it like maybe donate it to a local charity cause it would benefit somebody else who needed the cash instead of me

Posted Jan 31, 2008 11:53 pm PT
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BrushedMetal

i really dont think its children who are offended...i bet 99.8% of those were parents who probably came in the door catching some of them....ummm playing with their joysticks.

but seriously, its M-rated! you know...as in MATURE.

a little common sense is all it takes

Posted Jan 31, 2008 10:06 pm PT
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JackfnBurton

Is there a place where people offended by the lawsuit can get cash?

Posted Jan 31, 2008 7:53 pm PT
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D_K

jk by the way lol. Rockstar rules i wouldnt do that, but still isnt this all just a bit rediculus? a toal of 1 million dollars to be spent for this sh*t? no wonder our planet is so F*cked up.
take this money and give it to a good cause or go feed some starving children who actually NEED help.

hell if this money was donated to a worthwhile cause im sure all the "upset" consumers(who downloaded the mod itself. . . obviously wanted to see this content in the first place) would forgive and forget. unless they want they're 35 dollars or less.
then in that case, you're damning yourself to eternal hell-fire

Posted Jan 31, 2008 7:23 pm PT
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the-very-best

That's ridiculous. People will just swear (and lie) for free cash.

It's kind of sad that people would be offended by the hot coffee anyway. The people that play GTA are supposed to be old enough to handle sex, violence etc.

Stupid. R* shouldn't have to do anything but issue a simple apology.

Posted Jan 31, 2008 7:16 pm PT
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D_K

time to get my 5 bucks for doin nothin! "I SWEAR"

Posted Jan 31, 2008 7:15 pm PT
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Simba_Dude

Isn't this drama finished yet?

Posted Jan 31, 2008 5:58 pm PT
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osxgp

In order to claim the benefits, customers will have to swear that they bought a copy of the game before July 20, 2005 (the day San Andreas was rated AO for Adults Only by the Entertainment Software Rating Board), and were "offended and upset by the ability of consumers to modify and alter the game's content" with the mod. They also have to swear that they wouldn't have purchased the game if they'd known about the mod, and would have returned the game upon learning of the mod if they thought they could. I think the only ones who would complain are parents that were stupid enough to buy this for their kids or people who just want to get some money.

Posted Jan 31, 2008 5:56 pm PT
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frogiggy323

Hmm, you don't want the content, don't download the modification... Then you won't have this "offensive material." Then all you have left is one of the greatest games ever made. This case should have been over years ago.

Posted Jan 31, 2008 4:37 pm PT
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Tebbit

I would go for the easy cash, but my morals forbid it. I don't want to pillage Rockstar, they make so many good games! It would be like pirating Shadow of the Colossus, or not paying the American writers royalties on online distribution.

Posted Jan 31, 2008 3:21 pm PT
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manapsal

i'm gonna see if i can pocket me an extra $10 lol

Posted Jan 31, 2008 2:53 pm PT
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The_15th

It's pretty unreal they're offended at consensual relationships and not the running over of prostitutes which was actually offensive.

"and I'm pretty sure people buy porno these days so I don't get the idea here."
They used to pay for it, now they download it. You've got it all backwards. Youths today!

Posted Jan 31, 2008 2:42 pm PT
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Jedo

Like saying: "The judicial system will allow Rockstar to be robbed and all of you who want a piece, please stick your hands into the open wallet"

Posted Jan 31, 2008 2:10 pm PT
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buffdaddy69

Why should Rockstar have to pay these morons back for a third party MOD that THEY DOWNLOADED....It wasn't like Rockstar ambushed them in the parking lot and forced a computer on them with the sex mini game on the screen and made them play it. They downloaded it for one reason...because there virgins who's donkeys have never been wet.

Posted Jan 31, 2008 2:07 pm PT
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R3V3N4N7

If anyone was actually offend from that needs to get into the real world.

Posted Jan 31, 2008 2:07 pm PT
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MrMartinLee

Anyone willing to accept money for being offended by a mod in a GTA game... there should be a website with their pictures on it for our protection (from stupidity)

Posted Jan 31, 2008 12:39 pm PT
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ukillwegrill

Thats silly Rockstar owe me NOTHING in fact i should still be paying them

Posted Jan 31, 2008 12:28 pm PT
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zeeshan810

stiilllll the best game

Posted Jan 31, 2008 12:05 pm PT
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gozalo

Shocking.

Posted Jan 31, 2008 11:40 am PT
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HalfroSamuri

@pumkinboodie

yeah our society IS that retarded. what gets me is the time and money paid for researching the accusations, the $ paid for the lawyers and the fact that our tax dollars went to such stupidity..... freedom now takes a backseat to "not offending people". sick sad isht

Posted Jan 31, 2008 11:08 am PT
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PumpkinBoogie

Wow...just wow, never thought you could actually get paid in settlement for offensive content in a median that was never really meant to be seen in the first place (only was viewable help from a mod)? Hmm....isn't our legal system AMAZING?!.....

....or is human society just that stupid? Nevermind, don't answer that....I get the strange feeling I already know the answer.

Posted Jan 31, 2008 10:19 am PT
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cheese5000

this is almost dumber than the lady that tripped and broke her leg on the CITY sidewalk and sued the bank, who didnt do anything at all, it isnt even their sidewalk!

Posted Jan 31, 2008 9:01 am PT
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xgalacticax

In all honesty, who in their right mind was offended by it, lol. Why would I want to give up the Hot coffee mod?, Its my whole reason for owning san andreas.

Posted Jan 31, 2008 8:50 am PT
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Kenji_Masamune

Actually since congress and the higher ups did get involved in the whole hot coffee thing (especially clinton and lieberman), yes it was our tax dollars at work researching this issue. Either way it was a jab at the stupidness of the whole situation (hacker cracks open the game and unlocks content that wasn't meant to be seen.. haven't seen a upset like this since the janet jackson nipple showing).

Posted Jan 31, 2008 8:49 am PT
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