The breaking-and-entering, theft, car-jacking, train-jacking,
police corruption, vigilantism, illegal drugs, pimping, gang
warfare, arson, assault and mass-murder in Grand Theft Auto: San
Andreas appear to be comparatively uncontroversial; but the
Entertainment Software Rating Board (ESRB) launched an
investigation after the unauthorised internet modification became
widely available earlier this month, revealing scenes of a sexual
nature.
The ESRB wants to determine whether there had been a violation
of ESRB rules requiring full disclosure of pertinent content.
It had originally been thought that the modification introduced
the sexual scenes into the game, but it now appears that the mod
simply unlocks original game content that had been rendered
inaccessible to the public.
"After a thorough investigation, we have concluded that sexually
explicit material exists in a fully rendered, unmodified form on
the final discs of all three platform versions of the game (i.e.,
PC CD-ROM, Xbox and PS2)," said Patricia Vance, president of the
ESRB. "However, the material was programmed by Rockstar to be
inaccessible to the player and they have stated that it was never
intended to be made accessible.”
The Hot Coffee scene takes place when the game's lead character,
CJ, is invited into his girlfriend's bedroom after buying her
dinner and flowers. Without the patch, the player sees the house
from a distance and hears suggestive sounds. With the patch
installed, the player controls CJ's amorous encounter. His
girlfriend exclaims, "You the man! Oh Yeah! You the man!"
Until Wednesday, Grand Theft Auto: San Andreas had an M (Mature
17+) rating. It has now been given an Adults Only rating – an
alteration that is expected to have an immediate impact on the
revenue stream of its publisher, Rockstar Games, and Rockstar’s
parent company, Take-Two Interactive Software.
Edinburgh-based Rockstar has told retailers to stop selling the
game until their stock has either been re-stickered as Adults Only
or replaced, and confirmed that it will make available a
downloadable patch for existing game owners to make the
modification inoperable.
However, while most mainstream stores are willing to sell
M-rated games, they are not so keen to sell Adult Only games, and
Grand Theft Auto: San Andreas has already been pulled from the
shelves in Wal-Mart and Best Buy, according to reports.
According to Take-Two, Rockstar has ceased manufacturing of the
current version of the title and will begin working on a version of
the game with enhanced security to prevent the Hot Coffee
modifications.
Paul Eibeler, Take-Two's President and CEO, said: "The ESRB's
decision to re-rate a game based on an unauthorised third party
modification presents a new challenge for parents, the interactive
entertainment industry and anyone who distributes or consumes
digital content”
"We are deeply concerned that the publicity surrounding these
unauthorised modifications has caused the game to be misrepresented
to the public and has detracted from the creative merits of this
award winning product," he added.
The company says it is exploring its legal options as it relates
to companies that profited from creating and distributing tools for
altering the content of Grand Theft Auto: San Andreas.
A games developer (who was not involved with Grand Theft Auto)
told OUT-LAW he suspects that Rockstar wrote the Hot Coffee scenes
and self-censored before the game's release, effectively removing
the links to content that it considered too extreme. "Either that
or they knew someone would find it and the PR storm would make the
game even more desirable," said the developer who asked not to be
named.
The ESRB is worried that its rating system has also lost
credibility.
In a statement the Board warned publishers that in future they
will have to submit any pertinent content shipped in final product
even if is not intended to ever be accessed during game play, or
remove it from the final disc.
It has also called on the computer and games industry to
proactively protect their games from illegal modifications by third
parties, particularly when they serve to undermine the accuracy of
the rating.
The game already carries an 18 rating in the UK.
