Grand Theft Auto sex content case settled

From the Sydney Morning Herald- http://www.smh.com.au/news/games/grand-theft-auto-sex-content-case-settled/2006/06/09/1149815292862.html

Makers of the popular video game Grand Theft Auto: San Andreas, have agreed to settle US Federal Trade Commission charges for failing to disclose that animated sex scenes were hidden on the discs.

The deal requires Take-Two Interactive Software Inc and Rockstar Games Inc, the developer of the game, to properly notify consumers of racy content on future games and not to misrepresent rating or content descriptions.

The companies face fines of up to $US11,000 ($A14,850) per violation if they violate the order, once it becomes final.

When the lurid content was first discovered, the two companies initially said it was the work of third-party video game modifiers.

They later acknowledged it was their work after The Associated Press tracked down a Dutch programer who developed software to unlock the sex scenes. The companies said the content was never meant to be accessed by consumers during normal game play.

"Parents have the right to rely on the accuracy of the entertainment rating system," said Lydia Parnes, of the FTC's Bureau of Consumer Protection. "We allege that Take-Two and Rockstar's actions undermined the industry's own rating system and deceived consumers."

The Commission voted 5-0 to accept the agreement, which was announced today. It is subject to a 30-day public comment period before becoming final.

Take-Two did not immediately return calls seeking comment and Rockstar Games did not immediately reply to emails from The Associated Press.

The game was originally rated "M" (Mature) for its depiction of blood, violence and sex themes. The Entertainment Software Rating Board changed the rating to "AO" (Adults Only), and major retailers nationwide hastily removed the title from their shelves, following the game makers' admissions.

Take-Two claimed it incurred $US24.5 million ($A33.11 million) in costs associated with returns of the game, which generated $US100 million ($A135.14 million) in sales within its first month of release in October 2004.

Published rating-board rules at the time the game was released did not require the disclosure of the sex content in question, said Keith Fentonmiller, an attorney for the FTC who worked on the case.

"But it's our belief that there was a duty to consumers to let them know about important content that was on the game," Fentonmiller said today.



The official GTA website is at- http://www.rockstargames.com/grandtheftauto/