The ultra-violent video game could be modified by a software
download that unlocked the hidden, sexually-explicit scenes. The
makers said the content was never intended to be accessible to the
public.
The game was re-rated from M (Mature) to AO (Adults Only) when
the hidden scenes were discovered in July – by which time,
according to Delgadillo's office, over 12 million copies of the
game had been sold.
The suit, filed on Thursday against games publisher Rockstar
Games and Rockstar’s parent company Take-Two Interactive Software,
alleges that the companies acted in breach of the law by failing to
disclose the presence of the pornographic content.
The suit argues that, had the Entertainment Software Rating
Board (ESRB), which rates video games, been aware of the content it
would have given the game an AO rating from the start.
According to the ESRB, "Titles rated M (Mature) have content
that may be suitable for persons ages 17 and older. Titles in this
category may contain intense violence, blood and gore, sexual
content, and/or strong language."
It also explains at its website: "Titles rated AO (Adults Only)
have content that should only be played by persons 18 years and
older. Titles in this category may include prolonged scenes of
intense violence and/or graphic sexual content and nudity."
Most major retailers refuse to stock games with AO
ratings, severely limiting potential sales.
“Greed and deception are part of the ‘Grand Theft Auto: San
Andreas’ story – and in that respect its publishers are not much
different from the characters in their story,” said Delgadillo, who
is running for office as state Attorney General this year.
“Businesses have an obligation to truthfully disclose the
content of their products – whether in the food we eat or the
entertainment we consume,” he added.
The suit asks the court to fine the companies and order them to
disgorge some of their profits from the game. The suit also
asks the firms be required to provide full disclosure on the
content of their video games.
Take-Two has made no comment on the action so far.
