Game publisher and developer Take Two Interactive got into so much trouble a couple of years ago when it released the massive video game hit Grand Theft Auto: San Andreas. A hacker was able to reverse engineer the game code and unlock a sex mini game. This was referred to as the Hot Coffee mod, which refers to the thinly alluded euphemism for having sex.

Take Two Interactive has contended that they should not be held liable for content that can only be unlocked using third party software or hardware. But a class action suit was still filed against the company. Recently, a settlement was arrived at that finally ended the class action lawsuit.

In the proposed settlement, Take Two will either give a replacement disc that does not have the sex mini game or else give $35 to consumers who are able to meet the following criteria:

• The game was bought before July 20, 2004
• They were offended by the ability to unlock the Hot Coffee mod
• They would have refused to buy the game had they known about the Hot Coffee mod
• They would have returned the game had they known that it could be modded or altered

The set of criteria is, to my mind, very loose and puts Take Two at a disadvantage. How can you even prove half of those conditions? For a gamer like me though, I’d rather have the Hot Coffee mod.

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