gamepolitics: Take-Two Subpoenaed Over Hot Coffee By Grand Jury

Game Politics (

gamepolitics) wrote,
@ 2006-06-26 19:22:00

Entry tags:

grand jury, hot coffee, new york, rockstar, take-two

Take-Two Subpoenaed Over Hot Coffee By Grand Jury

Someone in the New York District Attorney's Office must be an avid GP reader...

Last week, in response to a public tongue-lashing handed out by Congress to the ESRB and FTC, GamePolitics ran an editorial calling on the House to subpoena Take-Two Interactive and Rockstar directly, since they were the companies at the center of the Hot Coffee fiasco.

A short time ago Reuters reported that Take-Two Interactive received grand jury subpoenas, not from Congress, but from New York's D.A. for documents relating to the Hot Coffee incident, as well as other financial information dating back to October, 2001. The subpoenas were served on the publisher on June 19th.

Specifically, the grand jury is seeking documents related to "company officers' and directors' knowledge about the creation and inclusion" of the Hot Coffee sex mini-game, as well as information about the submission of Grand Theft Auto: San Andreas to the ESRB for rating.

Take-Two has not been advised whether this subpoena is part of an investigation targeting the game publisher directly, or is part of some larger probe. Take-Two claims it is cooperating fully, and said that it has provided the requested documents to the D.A.'s office.

CM: While this isn't the first time Take-Two has been investigated, it is the first time whodunnit documents have been publicly requested. Other lawsuits to date have primarily sought financial information.

Hopefully the grand jury will be able to shed some light on who knew what and when they knew it during last summer's Hot Coffee scandal. It will be interesting to learn whether corporate higher-ups were aware of the mini-game, or whether it was simply mischief created by a low-level programmer.

I guess we'll have to wait for the N.Y. grand jury to complete it's investigation.

-Reporting from Canada, GP Correspondent Colin "Jabrwock" McInnes

Want to talk about it? You can discuss this story via the "comments" feature (click below), or in the new GamePolitics Forums...

(40 comments) - (Post a new comment)

	let it die hilaryduffgta 2006-06-26 11:58 pm UTC (link)
	already i mean come on it happened its done with who really cares anymore... not knocking you or nothing dennis for reporting it but isnt all of that subpoena stuff really neccesary? it seems to me its still a bigger deal then it needed to be and i still believe if it was any other company like lets say Insomniac it wouldnt have gone this far (Reply to this)

	Could someone explain to me... sprngpilot 2006-06-27 12:04 am UTC (link)
	... why does N.Y. have jurisdiction over this? Shouldn't it be Congress' job? I don't know a whole lot about legal matters in this case, so if someone could enlighten me I would appreciate it. (Reply to this) (Thread)

	Re: Could someone explain to me... beardoggx 2006-06-27 01:25 am UTC (link)
	Take-Two's office is based in NYC? (Reply to this) (Parent)

For fuck sakes!

bigman_k
2006-06-27 12:30 am UTC (link)

Doesn't the government have wayyyyyyyyyy more important things to worry about and deal with then some stupid mild mini-sex game placed within a video game. Seriously i hope this gets out to the world and the U.S and it's federal, state and local government's become the laughing stock of the world.
Ohh, wait they already are. The U.S federal and state governments are pathetic. If i was a U.S citizen i'd refuse to pay taxes and if they dragged me into court for that i'd challange it as a fuckin' waste of my money that could be going to things that actually MATTER and are IMPORTANT.

(Reply to this) (Thread)

	Re: For fuck sakes! nitkin1 2006-06-27 02:30 am UTC (link)
	election year. (Reply to this) (Parent)

	Re: For fuck sakes! kincyr 2006-06-27 03:36 am UTC (link)
	If i was a U.S citizen i'd refuse to pay taxes and if they dragged me into court for that i'd challange it as a fuckin' waste of my money that could be going to things that actually MATTER and are IMPORTANT. Exactly! Like the war or immigration or disaster relief. (Reply to this) (Parent)

	Re: For fuck sakes! sprngpilot 2006-06-27 05:14 am UTC (link)
	You obviously don't understand. They're protecting the children, silly. That's way more important for getting votes, er, I mean, doing their job. Yeah, it's certainly not about getting re-elected, no siree... (Reply to this) (Parent)

	Actually.... timed95 2006-06-27 05:38 am UTC (link)
	This was from the NY district attorney's office. He's searching for election fodder and is probably going to try to sue Take Two for bad management and PR skills, shame on them. (Reply to this) (Parent)(Thread)

	Re: Actually.... bigman_k 2006-06-27 06:24 pm UTC (link)
	I was refering to all forms of government in the U.S. Federal, State and Local. Video games should be on the bottom of their list of things to worry about. No wait, video games shouldn't even be on the list at all. (Reply to this) (Parent)

	Re: For fuck sakes! curiousthompson 2006-06-27 08:40 am UTC (link)
	We're already a laughing stock. And you KNOW WHY exactly. (Reply to this) (Parent)(Thread)

Re: For fuck sakes!

bigman_k
2006-06-27 06:31 pm UTC (link)

Yes, i mentioned that in my post. As i said, "Ohh, wait they already are.". Here in Canada we have way less shit to worry about or deal with then the U.S. right now but you don't see the federal or provincal governments attacking video games because of a stupid mini-sex game or because they "supposedly" cause violent or aggresive behavior. We don't even have a First Amendment Free Speech clause yet our government is more pro-free speech then the U.S Federal, State and local governments. The only thing holding them back from imposing their morality and banning anything that they think is offensive on the U.S people is the First Amendment.

(Reply to this) (Parent)(Thread)

	Re: For fuck sakes! terminator44 2006-06-27 07:29 pm UTC (link)
	Yeah, and it's all because radical Christians and special interest groups have WAY too much influence on U.S. politics. Why can't we just be left alone to believe what we want to believe? (Reply to this) (Parent)

	elricbrother3 2006-06-27 09:46 am UTC (link)
	Like rbuilding New Orleans and Iraq. But no we have to have bills that distract people from the real issues. coughgaymarriageammendmentcough. (Reply to this) (Parent)

	dalisair 2006-06-27 01:54 am UTC (link)
	As a game TESTER this terrifys me. Often I don't know what is available until it is told to us... (Reply to this)

	gatz111085 2006-06-27 02:01 am UTC (link)
	my guess is that if it was just a low level programmer, if they haven't fired him already he's sure to see his pink slip soon. (Reply to this)

bbq?

illspirit
2006-06-27 02:25 am UTC (link)

the Company received grand jury subpoenas issued by the District Attorney of the County of New York requesting production of documents, covering various periods beginning on October 1, 2001, including those relating to: the knowledge of the Company's officers and directors regarding the creation, inclusion and programming of hidden scenes

Documents related to Hot Coffee in October 2001?! Right after they released GTAIII, just as they started work on VC, and a year before they even started on San Andreas? Oookay. As if it takes three years to half-finish a low quality dryhumping scene.

You know what it sounds like to me? A fishing expedition. Guess we can add the 4th Amendment to the list of things the anti-gaming zealots don't mind tearing from the Constitution in order to score cheap political points...

(Reply to this)

	blackmanta 2006-06-27 02:43 am UTC (link)
	Dennis, do you have any way of knowing if Eliot Spitzer is in any way involved in this? I seem to remember you reporting earlier in the year that he promised to subpoena Take 2. Could he be finally making good on that? (Reply to this) (Thread)

	gamepolitics 2006-06-27 10:38 am UTC (link)
	Hard to know at this point, bm... I'm sure we'll hear some more details now that this has hit the papers. The NY press should be picking up on it about......now. (Reply to this) (Parent)

This is ridiculous

scrubking2006
2006-06-27 03:11 am UTC (link)

It should be obvious (except to GP I guess), that this was an intended feature by Rockstar that got pulled at the last minute. It happens all the time - it's been happening for over 10 years.

This is not some mystery or conspiracy. Developers leave unused content in games all the time. It's unfortunate that it took an M-rated sex scene in an M-rated game for people to realize this simple truth, but now that the damage has been done by the ESRB let's inform ourselves, move on and hope that the ESRB doesn't continue to pander to vote seeking politicians who are using child safety as an election platform (Not that it should matter since M-rated games aren't for children anyway!).

(Reply to this)

	they want documents from 2001? mrpat___ 2006-06-27 03:11 am UTC (link)
	This sounds suspiciously like something a certain moron in Miami wanted for a while now; those documents date back to GTAIII, well before Hot Coffee came into existance. Its as if they think there are more embedded scenes and minigames in the other GTAs - like said moron in Miami believes. I smell a rat, and its name is Jack. (Reply to this) (Thread)

	Re: they want documents from 2001? gamepolitics 2006-06-27 10:41 am UTC (link)
	Pat, I'm afraid you've developed Jack-vision, a condition in which you see Miami Jack's hand in everything. (Reply to this) (Parent)(Thread)

	Re: they want documents from 2001? terminator44 2006-06-27 01:46 pm UTC (link)
	Is there any cure!? (Reply to this) (Parent)

Oh fcking hell

zippydsmlee
2006-06-27 03:41 am UTC (link)

We already know what happened.....it was disabled from the game becuse the US is to childish to handle sex in a video game and was not fully removed but of tiem restrants....even if it was a plot to out sex in a game....realy...get overyour selfs...god they are beating a dead hooker to pulp for what? acoupe votes from wackos that would ahve already voted for them anyway?.....fing A.....

(Reply to this)

And it's possible they didn't know it was in there ...

verbinator
2006-06-27 04:11 am UTC (link)

Very likely, anybody above the level of assistant producer at Rockstar had no clue that the sex scene was buried in the game code. The most likely scenario is that some immature content creation guys set up the scene and had a few yucks showing it to other equally immature developers. Ha ha. Perhaps it comes to the attention of an assistant producer on the project who sees it, laughs with the guys, then tells them to get it the hell out of the game. Since the easiest way to disable something in game code is to rewrite the script that allows access to it, that's what they do. If space was never an issue on the game disk, then no one went looking for unused content that could be cleaned out to make more room. Everyone forgets that the stuff is in there ... until ... someone finds a way to mod the game.

Take Two's management, right down to the project's senior producer can probably say with all truth that they didn't know that stuff was in there.

Of course, that's just one scenario. Take Two stuck their foot in it when they went the cover-up route instead of admitting that the content was still buried in their game.

(Reply to this)

	Poor Man's Eliot Ness davante 2006-06-27 04:28 am UTC (link)
	Is anyone surprised that the esteemed Mr. Spitzer is also running for office and has come out against "violent" videogames? (Reply to this) (Thread)

	Re: Poor Man's Eliot Ness gamepolitics 2006-06-27 10:42 am UTC (link)
	yes, we've reported on Spitzer. In fact I think we were the first game-oriented site to do so. But this is not Spitzer, who is the state AG. This is the NY County District Attorney. (Reply to this) (Parent)

	nleseul 2006-06-27 05:30 am UTC (link)
	It will be interesting to learn whether corporate higher-ups were aware of the mini-game, or whether it was simply mischief created by a low-level programmer. Or just, you know, a mistake caused by a tight development cycle which didn't provide time for minor things like cleaning up unused content. (Reply to this)

	crimson_mage 2006-06-27 06:47 am UTC (link)
	I'm with GP on this one. Take Two and Rockstar brought this plague upon us, the gaming community and industry. Let them be made an example of, so that from now on we won't have to worry about the government having any more legitimate claims against video games. This is good for everybody, and for T2's own good. (Reply to this) (Thread)

	gamepolitics 2006-06-27 10:43 am UTC (link)
	well, thx for the support. But I'm not even close to the "Let them be made an example of" stage yet. But I do want some answers and hopefully this is a good first step. (Reply to this) (Parent)

	carmine 2006-06-27 07:33 am UTC (link)
	I think Sam Bee from The Daily Show said it best: "Politicians are just beating a dead hooker here." (Reply to this) (Thread)

	gamepolitics 2006-06-27 10:44 am UTC (link)
	Samantha Bee rocks... (Reply to this) (Parent)(Thread)

	terminator44 2006-06-27 01:48 pm UTC (link)
	...so does beating dead hookers. XD (Reply to this) (Parent)(Thread)

	dustin1986 2006-06-27 05:49 pm UTC (link)
	Is beating dead hookers so wrong? (Reply to this) (Parent)(Thread)

	terminator44 2006-06-27 07:27 pm UTC (link)
	If it is, then I don't wanna be right. (Reply to this) (Parent)

What do you think will happen?

scrubking2006
2006-06-27 02:32 pm UTC (link)

What will come of Rockstar saying that they were going to implement Hot Coffee, but at the last minute decided against it in court? Are the heavens going to open, shine light on the ignorant and finally allow them to see the truth?

Will saying this under oath finally make people accept that Hot Coffee was inaccessable content that was hacked by a third party?

Will it make people realize that San Andreas was unjustly re-rated as pornography because of pressure from anti-videogame wackos like Jack Thompson and leeland Yee?

Will it make people realize that sex in a game labeled "strong sexual content" is more than acceptable?

There is nothing more that can be said or done to make the ignorant see the light after all that is known about Hot Coffee. The conspiracy theorists will continue to spin what if's, and the haters will continue to blame Rockstar for putting mature content in a mature game.

It is now a time for ACTION, where gamers need to get off their lazy butts and make the mainstream public realize that games aren't just a kiddy toy, but are a legitimate form of media just like books, music and movies that serve adults as well as children.

(Reply to this) (Thread)

Re: What do you think will happen?

gamepolitics
2006-06-27 03:08 pm UTC (link)

"It is now a time for ACTION, where gamers need to get off their lazy butts and make the mainstream public realize that games aren't just a kiddy toy, but are a legitimate form of media just like books, music and movies that serve adults as well as children."

That's all well and good and is happening with increasing frequency. However, it seems like this company has problems that extend well beyond Hot Coffee.

We all know they lied and tried to blame their biggest fans. Now it sounds like financial hanky-panky may be afoot...

(Reply to this) (Parent)(Thread)

Re: What do you think will happen?

illspirit
2006-06-27 04:43 pm UTC (link)

We all know they lied and tried to blame their biggest fans.

They didn't lie though, we're the ones who made it playable, not them. As such, it's our fault that anyone saw it. If anything, they didn't go far enough in blaming us so that people would understand wtf actually happened. But then again, I don't think anyone at T2/R*NYC really understood wtf happened, so, err, yea. :p

Now it sounds like financial hanky-panky may be afoot...
Hardly. It sounds like a fishing expedition and/or some sort of SLAPP.

Documents from 2001 are entirely irrelevant to Hot Coffee. And I fail to see how anything related to to past SEC filings/settlements/whatnot are relevant to Hot Coffee. This leads me to believe they're using HC as an excuse to dig through their entire history to fish for any sort of dirt whatsoever to use against them. Or they're just trying to bury them with paperwork, red tape, and court costs.

Furthermore, anything related to the murky PricewaterhouseCoopers/Ernst & Young/SEC situation is beyond irrelevant. They were already investigated, fined, and such by the SEC for it. So for the DA to charge them again for the same crime would be double jeopardy.

So, yea, I call electioneering shenanigans...

(Reply to this) (Parent)

Re: What do you think will happen?

disstress
2006-06-27 03:44 pm UTC (link)

The Hot Coffee exploit was made available due to a MOD.
It wasn't like the MOD was available to everyone. You had to obtain the MOD.
Do you people not understand this? It isn't like when you load the game up there are two options:
play the game
get hot cartoon sex that doesn't show anything

No, no , no, no. Putting all these restraints on video games and blaming people for the content involved doesn't protect children. Lazy ass parents that stuff their kids in front of computers/tvs/consoles are the problem.
I guess in the 80s it was heavy metal, in the 90s it was rap, now its video games....

(Reply to this) (Parent)(Thread)

	Re: What do you think will happen? gamepolitics 2006-06-27 03:50 pm UTC (link)
	I think we all understand it was a mod. This grand jury subpoena is not video game content or retail legislation or "restrictions." It is apparently an investigation of T2's business practices. (Reply to this) (Parent)

Will this destroy Take-Two??!!!

dustin1986
2006-06-27 05:57 pm UTC (link)

Nah, I don't think so. I think I can hear Jack dancing and gloating about this right now, but I think he'll end up being dissapointed. A company like Take-Two won't just dissapear off the face of the earth all of a sudden. This is wreaking havok on their stock price though. I don't think that Take-Two is getting shut down anytime soon, but I think it's goig to be a while before we see Take-Two become poerful again. They have oner of the top selling games of all time, and yet big publishers like Ubisoft and EA aren't exactly running scared. I think if this company was managed better it could grow like crazy. Maybe when this PR hell cools down there'll be a merger...

(Reply to this)

(40 comments) - (Post a new comment)

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