A self-regulatory organization ( SRO ) is an organization that exercises some degree of regulatory authority over an industry or profession. The regulatory authority could exist in place of government regulation, or applied in addition to government regulation. The ability of an SRO to exercise regulatory authority does not necessarily derive from a grant of authority from the government.
145-728: The Entertainment Software Rating Board ( ESRB ) is a self-regulatory organization that assigns age and content ratings to consumer video games in Canada , the United States , and Mexico . The ESRB was established in 1994 by the Entertainment Software Association (ESA, formerly the Interactive Digital Software Association (IDSA)), in response to criticism of controversial video games with excessively violent or sexual content , particularly after
290-448: A kingpin in the area's criminal underworld. Although there is an overarching plot, San Andreas is primarily an open world game, where narrative missions are supplemented by other activities and interactions that have little bearing on the primary mission. One open world task in which CJ may participate is romantic. San Andreas contains six unlockable girlfriends that can be discovered either through completing missions or by exploring
435-516: A remaster of San Andreas , was briefly removed from sale after data miners discovered the code associated with "Hot Coffee". Rockstar Games , a subsidiary of Take-Two Interactive , released the action-adventure video game Grand Theft Auto: San Andreas for the PlayStation 2 on 26 October 2004. The game was subsequently released for Windows and the Xbox on 7 June 2005. The fifth instalment in
580-502: A "Mature" rating from the Entertainment Software Rating Board (ESRB). Rather than removing the content, the developers made it inaccessible to players. Modders discovered the code on the game's PlayStation 2 release, and when San Andreas was released for Windows , modder Patrick Wildenborg disabled the controls around the code. He released this modified code online under the name "Hot Coffee". The discovery of
725-563: A bar graph labelled "Excitement". Button controls allow the player to change the camera angle or the sex position . If the excitement bar reaches completion, CJ's girlfriend and the game congratulate the player; if the meter empties, the player is criticised for "[f]ailure to satisfy a woman". There is also an erotic spanking mini-game in which the player must press buttons in rhythm, which results in CJ spanking his girlfriend and her excitement bar increasing. The first commercially successful game in
870-574: A combination of material provided by the game's publisher in both questionnaires and video footage of the game, and a review of this material by a panel of reviewers who assign it a rating. The ratings are designed towards parents so they can make informed decisions about purchasing games for their children. Once a game is rated, the ESRB maintains a code of ethics for the advertising and promotion of video games—ensuring that marketing materials for games are targeted to appropriate audiences. The ESRB rating system
1015-401: A copy of the game script, which Wildenborg altered with a hex editor to unlock the minigame and returned. At 11:37 p.m. ( CEST ) on 8 June 2005, Wildenborg received a video of the minigame that his modifications had unlocked. Wildenborg released the game patch on 9 June to GTAGarage.com , a Grand Theft Auto modding website. He named the patch "Hot Coffee" after the euphemism used in
1160-696: A direct, negative impact on their earnings. One example of this financial mismanagement was the company's response to the "Hot Coffee" scandal. Plaintiffs alleged that Take-Two had engaged in a securities violation, as by "merely 'wrapping' rather than removing the Adult Content, Defendants knew that the Adult Content would inevitably be made widely available". This suit was settled on 2 September 2009, with Take-Two agreeing to pay over $ 20 million and enact changes to corporate governance policies and practices that would protect investors from future such issues. By this point, shareholders had voted to oust most of
1305-570: A federal judge ruled that the initial plaintiff could pursue class action status for her lawsuit. Settlement talks between the associated parties began in February 2007, and the case was settled on 28 January 2008. All customers who purchased the game before its ESRB re-rating were eligible for a claim up to $ 35 (equivalent to $ 49.53 in 2023). While San Andreas had sold over 21.5 million copies, fewer than 3,000 customers filed claims in response to this settlement. While attorneys had settled
1450-407: A fine of up to $ 11,000 (equivalent to $ 16,625 in 2023). The FTC opted not to fine either company for the "Hot Coffee" incident, but at the time of the decision, Take-Two had already incurred losses of $ 24.5 million (equivalent to $ 37 million in 2023) from the earlier recall. On 27 July 2005, an 85-year-old woman from New York filed a lawsuit against Rockstar Games and Take-Two in
1595-413: A for-profit competitor to the ESRB. On the other hand, some have felt that the "Mature" rating is too broad; video game journalist Ben Kuchera noted that Halo 3 —a sci-fi first-person shooter whose level of violence was, in his opinion, comparable to a Star Wars film, had received an M rating for "Blood and Gore," "Mild Language" and "Violence". He argued that "having a game like Halo 3 share
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#17328586571741740-648: A fragmented array of different systems." In November 2012, the ESRB and other video game ratings boards, including PEGI , the Australian Classification Board , and USK among others, established a consortium known as the International Age Rating Coalition (IARC). The group sought to design an online, questionnaire-based rating process for digitally-distributed video games that could generate ratings for multiple video game ratings organizations at once. The resulting ratings information
1885-522: A game which had the quality of an adult movie , and "[aimed] to do nothing more than tell low-brow jokes and show nude women prancing around") and Lula 3D (whose packaging advertised the inclusion of " Bouncin' Boobs Technology "). Self-regulatory organization In United States securities law, a self-regulatory organization is a defined term. The principal federal regulatory authority—the Securities and Exchange Commission (SEC)—was established by
2030-402: A game, at the risk of being commercially unviable due to publishers' objections to AO-rated content. AO-rated games cannot be published for major video game console platforms, and most retailers do not stock AO-rated games. ESRB President Patricia Vance argued that applying self-censorship to ensure marketability was a compromise that is "true in every entertainment medium", but still believed that
2175-444: A girlfriend's home for sex. The "Hot Coffee" scandal was mentioned again upon the 2014 release of Grand Theft Auto V , in which players could engage in sexual activity with prostitutes from a first-person perspective . Despite this mechanism, Grand Theft Auto V received an M rating from the ESRB. In February 2020, a modification to Red Dead Redemption 2 was released on Nexus Mods that drew comparisons to "Hot Coffee". In
2320-478: A higher degree of regulation by future console manufacturers: when the Nintendo Entertainment System (NES) was launched in the United States in 1985, Nintendo of America instituted requirements and restrictions on third-party developers, including the requirement for all games to be licensed by the company. The console itself also included a lockout chip to enforce this requirement and prevent
2465-591: A locked skin which, if modded, allowed female characters to appear topless. Responding to both the Grand Theft Auto and Elder Scrolls incidents, the ESRB testified before the United States House Energy Subcommittee on Consumer Protection and Commerce that after that point, manufacturers who failed to disclose mature or explicit content would be punished with fines up to $ 1 million. In September 2006, Senator Sam Brownback introduced
2610-530: A major impact on the ESRB and video game content rating in the United States, as the Board was forced to refine its submission and rating process to avoid additional scandal. In the year after San Andreas was reissued, The Elder Scrolls IV: Oblivion was re-rated from "T" ("Teen 13+") to M after the ESRB discovered "more detailed descriptions of blood or gore than were considered in the original rating", as well as
2755-530: A part-time basis, but in 2007, ESRB transitioned to a team of seven full-time raters, who all live in the New York City area. The raters discuss what the most appropriate and "helpful" rating for the game would be, based on the footage and details provided. Most ESRB reviews at this stage take on the order of 45 minutes, though some cases based on material provided by publisher or by the type of game have taken up to four hours over multiple days to complete. One rater
2900-516: A port of Mortal Kombat for the Super NES was censored to remove the game's overly violent content, whereas the port for Sega consoles retained much of this content, which helped increase sales. In May 1993, British censors banned Night Trap from being sold to children under 15 years old in the United Kingdom, which was an influence on Sega's decision to create an age rating system. At the time of
3045-519: A representative of the Software Publishers Association said that "Adult computer software is nothing to worry about. It's not an issue that the government wants to spend any time with ... They just got done with a big witchhunt in the music recording industry , and they got absolutely nowhere". The association did recommend voluntary warnings for games like Leisure Suit Larry in the Land of
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#17328586571743190-417: A service updates, the ESRB will flag these games in their system and periodically check on the new content to make sure it remains within the established rating. The ESRB typically posts rating information for new titles on its website 30 days after the rating process is complete; in 2008, in response to incidents where this practice inadvertently leaked information about games that had not yet been announced,
3335-452: A statement denouncing any responsibility for "Hot Coffee", stating that the minigame was "the work of a determined group of hackers who have gone to significant trouble to alter scenes in the official version of the game". On 20 July 2005, the ESRB announced that all editions of San Andreas would be re-rated from M to AO. While acknowledging that Rockstar Games had not intended to make any graphic material accessible to customers, they issued
3480-418: A third section related to "Interactive Elements", which disclaims if a game offers online communications, collects personal data , or offers digital goods or other premiums (including downloadable content and microtransactions ) that require payment of real money to obtain. The ESRB rating system is primarily enforced on a self-regulatory basis by the video game and retail industries ; in markets where it
3625-448: A version of the game that prohibited access to "Hot Coffee". On 11 August, Rockstar Games released a game patch disabling access to "Hot Coffee" for Windows customers. By September, San Andreas had been edited and released as an M-rated game for Windows and the Xbox. In November, Grand Theft Auto: San Andreas – Special Edition was released for PlayStation 2 without "Hot Coffee". Outside of
3770-494: A video (VHS, DVD, video file, or other means) that demonstrates this content which can include gameplay footage and in-game cutscenes. This information includes the game's context, storyline, gameplay mechanics, reward system, unlockable and otherwise "hidden" content, and other elements that may affect its rating; the ESRB seeks to have enough information on context of the extreme content to be able to judge its appropriateness. The video game publisher may also provide printed copies of
3915-530: A way to address the rapidly growing volume of digitally-delivered games. Rather than having raters review each product (the Long Form), publishers of these games complete a series of multiple-choice questions that address content across relevant categories, including violence, sexual content, language, etc. The responses automatically determine the game's rating category and content descriptors. Games rated via this process may be tested post-release to ensure that content
4060-496: Is also an SRO with official, statutory status. Because of the prominence of the SROs in the securities industry, the term SRO is often used to narrowly to describe an organization authorized by statute or government agency to exercise control over a certain aspect of the industry. The National Association of Realtors (NAR) is an example of an SRO that fills the vacuum left by the absence of government oversight or regulation. The NAR sets
4205-410: Is designated as the lead for each game reviewed. The lead rater writes up the report and conclusions of the process, and works with other ESRB staff members to do a parity analysis to make sure the assigned ratings align with ratings from similar games in the past. Overall, between the raters' discussion and final reporting, the process takes about a week to complete. At times during the internal review,
4350-500: Is enforced via the voluntary leverage of the video game and retail industries in the subscribing countries for physical releases; most stores require customers to present photo identification when purchasing games carrying the ESRB's highest age ratings, and do not stock games which have not been rated. Additionally, major console manufacturers will not license games for their systems unless they carry ESRB ratings, while console manufacturers and most stores will refuse to stock games that
4495-433: Is reasonable for certain types of games, what type of content may be inappropriately gratuitous, and the presentation of the ESRB rating within the work. The ESRB will go back and forth with publishers when there is objectionable elements within the marketing to correct these issues. In April 2011, the ESRB introduced its Short Form, a free, streamlined, automated process for assigning ratings for console downloadable games as
Entertainment Software Rating Board - Misplaced Pages Continue
4640-722: Is tied to a unique code, which can then be used by online storefronts to display the corresponding rating for the user's region. The three major console makers, Microsoft, Sony, and Nintendo have all committed to supporting IARC for their digital storefronts, including ESRB ratings for North American markets. Google Play Store was updated in March 2015 to adopt and display ESRB ratings for apps in North America through IARC. Windows Store also implemented IARC in January 2016. Apple 's App Store still uses its own generic age rating system and does not use
4785-428: Is used, retailers typically enforce the "Mature" rating using photo identification , and refuse to stock video games that have not been rated by the organization, or are rated "Adults Only". Modern video game consoles include parental controls that can be configured to restrict games played by specific users, using factors such as their ESRB rating. The ESRB has also taken action against video game distributors who use
4930-534: The Grand Theft Auto series, harshly enough for violence and other related themes, and for lacking transparency in certain aspects of the ratings process. Critics have argued that some games only received the M rating rather than the stricter AO rating because of the commercial effects of such a rating; console manufacturers and most retailers refuse to distribute AO-rated games, dramatically affecting their commercial availability. An ESRB representative stated that
5075-409: The Grand Theft Auto video game franchise and a sequel to 2002's Grand Theft Auto: Vice City , San Andreas expanded upon its predecessor with a virtual world four times larger than Vice City , as well as the introduction of more role-playing elements. By exercising and feeding the player character , Carl "CJ" Johnson , altering his hairstyle and outfits, and practising shooting and driving,
5220-467: The Grand Theft Auto series , harshly enough for their violent or sexual content in order to protect their commercial viability. Contrarily, other critics have argued that, at the same time, the ESRB rates certain games too strongly for their content, and that its influence has stifled the viability of adult-oriented video games due to the board's restrictions on how they are marketed and sold. Video games with objectionable content date back as far as 1976;
5365-661: The 1993 congressional hearings following the releases of Mortal Kombat and Night Trap for home consoles and Doom for home computers. The industry, pressured with potential government oversight of video game ratings from these hearings, established both the IDSA and the ESRB within it to create a voluntary rating system based on the Motion Picture Association film rating system with additional considerations for video game interactivity. The board assigns ratings to games based on their content, using judgment similar to
5510-489: The Advertising Self-Regulatory Council , which is the U.S. advertising industry's self-regulatory body. In addition to setting guidelines, these programs provide third-party accountability and dispute resolution services to companies, outside and in-house counsel, consumers, and others in arenas such as privacy, advertising, data collection, child-directed marketing, and more. The law "On self-regulation"
5655-449: The Atari 2600 console, but garnered the most attention with its controversial 1982 game Custer's Revenge , which infamously featured a crude simulation of the rape of a Native American woman. Atari received numerous complaints about the game, and responded by trying to sue the game's makers. A 1983 industry crash , caused by the market being overrun with low-quality products, prompted
5800-435: The Entertainment Software Rating Board (ESRB) in the United States, and Houser responded to the criticism by stating that the Grand Theft Auto series, and video games as a medium, were not designed for children. In an interview with 1Up.com prior to the release of San Andreas , Houser told reporters that the game was the "official conclusion to a trilogy" preceded by Grand Theft Auto III and Vice City . Houser and
5945-653: The Federal Trade Commission reported 20% of underaged mystery shoppers were able to successfully purchase an M-rated video game from a selection of retailers—a 22 percent reduction from 2007. By 2011, these numbers had dropped further to 13%. In its 2009 Report to Congress , the FTC recognized the ESRB for having "the strongest self-regulatory code" of all entertainment sectors because of its enforcement of advertising and marketing guidelines. The ESRB has often been accused of not rating certain games, such as Manhunt and
Entertainment Software Rating Board - Misplaced Pages Continue
6090-497: The Grand Theft Auto series was Grand Theft Auto III . Upon its 2001 release, the graphic violence and sexual content in the game were met with controversy from politicians and other public figures such as Joe Lieberman and Jack Thompson . Both Grand Theft Auto III and its sequel Vice City received commercial success but faced scrutiny, particularly among those concerned about the impact of violent video games on children. Both games received an "M" ("Mature 17+") rating from
6235-583: The Recreational Software Advisory Council (RSAC) was formed for rating PC games, which used a system that rated the intensity of specific classes of objectionable content, but did not use age recommendations. However, Lieberman did not believe that these systems were sufficient, and in February 1994, threatened to propose the creation of a federal commission for regulating and rating video games. Stores like Toys "R" Us refused to sell titles they deemed were too violent for children following
6380-570: The Supreme Court in Brown v. Entertainment Merchants Association , which ruled that AB 1179 was unconstitutional because video games are a protected form of expression . In Canada , ESRB ratings are enforced under provincial laws by film ratings boards in Manitoba , New Brunswick , Nova Scotia , Ontario , and Saskatchewan . As in the U.S., retailers voluntarily enforce the ratings regardless. Prior to
6525-605: The Truth in Video Game Rating Act , which would require the ESRB to access the full content of games before issuing a rating, as opposed to relying on video demonstrations from game companies. Brownback introduced the bill to both the 109th and 110th Congress , and it expired without action at the end of both sessions. In June 2006, Take-Two cancelled Snow , a real-time strategy game about illegal drug trade that had been in production at its Frog City Software studio. While
6670-683: The United States District Court for the Southern District of New York . The woman had purchased the game for her 14-year-old grandson before it received its AO re-rating, and she alleged that Rockstar Games had engaged in false advertising , consumer deception, and unfair business practices by marketing the game under its initial M rating. A similar lawsuit was filed in January 2006 by the city of Los Angeles , headed by City Attorney Rocky Delgadillo . Several similar claims were ultimately consolidated into one case. In October 2006,
6815-528: The modding community discovered hidden code that, when enabled, allows protagonist Carl "CJ" Johnson to have animated sexual intercourse with his in-game girlfriend. Rockstar Games president Sam Houser wanted to include more role-playing elements in San Andreas while also pushing the Grand Theft Auto series' controversial reputation. The development team was forced to curtail the nudity and sexual content of Houser's original vision, however, to obtain
6960-435: The motion picture rating systems used in many countries, using a combination of six age-based levels intended to aid consumers in determining a game's content and suitability, along with a system of "content descriptors" which detail specific types of content present in a particular game. More recently, the ratings also include descriptors for games with online interactivity or in-game monetization. The ratings are determined by
7105-476: The "Hot Coffee" controversy. In the game, the Statue of Happiness, a Statue of Liberty -type figure, bears a physical resemblance to Clinton holding a steaming cup of coffee in place of a torch, and the game file for the statue is named stat_hilberty01.wdr . Grand Theft Auto IV has an obtainable in-game achievement called "Warm Coffee", the criteria being to get protagonist Niko Bellic successfully invited inside
7250-452: The "Hot Coffee" minigame resulted in intense legal backlash for Rockstar Games and their parent company, Take-Two Interactive . While both companies remained mostly silent on the matter, Rockstar Games released a statement claiming that modders were responsible for the minigame. The ESRB re-rated the game "Adults Only" after an investigation, while the game was banned entirely in Australia until
7395-497: The 1993 hearings, there was no industry-wide standard in place for rating video games, which was a point of contention at the hearings. Sega had implemented its own voluntary ratings system, the Videogame Rating Council (VRC), largely to rate games released for its own consoles, which Nintendo largely disputed. The 3DO Interactive Multiplayer platform had its own age ratings voluntarily determined by game publishers, and
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#17328586571747540-570: The Board uses the AO rating when warranted, even due to violence, and that in most occasions, publishers would edit the game to meet the M rating to ensure wide commercial availability instead of keeping the AO rating. The film classification boards of the Canadian provinces of British Columbia and Ontario respectively classified the M-rated games Soldier of Fortune and Manhunt as films due to concerns over
7685-412: The ESRB also formed a division known as Entertainment Software Rating Board Interactive (ESRBi), which rated internet content using a similar system to its video game ratings. ESRBi also notably partnered with the internet service provider America Online to integrate these ratings into its existing parental controls . ESRBi was discontinued in 2003. In 2002, Dr. Arthur Pober, the original president of
7830-428: The ESRB also provides certification services for online privacy on websites and mobile apps. There have been attempts to pass federal and state laws to force retailers into compliance with the ESRB, but the 2011 Supreme Court case Brown v. Entertainment Merchants Association ruled that video games are protected speech, and such laws are therefore unconstitutional. Due to the level of consumer and retail awareness of
7975-544: The ESRB began to allow publishers to place embargoes on the release of ratings information until a game is officially announced. Besides evaluating games, the ESRB also oversees the marketing and advertising materials released for games that have undergone the ESRB rating process or in progress. This includes making sure that such material includes the given ESRB rating, and that the marketing has been tailored appropriately to its target audience, particularly for television spots. The ESRB provides guidance for what type of content
8120-493: The ESRB eased certain restrictions on the promotion of M-rated games. Firstly, trailers for games that are or are anticipated to be rated "Mature" can be cleared by the ESRB as being appropriate for "general" audiences—similarly to the "green band" ratings issued by the MPAA for film trailers. Secondly, the board began to allow, on a case-by-case basis depending on the target demographic of the game, M-rated games to be cross-promoted in
8265-534: The ESRB has rated as being appropriate for adults only. More recently, the ESRB began offering a system to automatically assign ratings for digitally-distributed games and mobile apps , which utilizes a survey answered by the product's publisher as opposed to a manual assessment by ESRB staff, allowing online storefronts to filter and restrict titles based on the ESRB. Through the International Age Rating Coalition (IARC), this method can generate equivalent ratings for other territories. Alongside its game rating operation,
8410-463: The ESRB or IARC systems. While the ESRB formally operates within the ESA, they operate independently of the trade group to assess and apply industry-wide standards for video games. The ESRB operates out of offices in New York City. To obtain a rating for a game, a publisher submits a detailed questionnaire (a "Long Form") that describes the graphic and extreme content found in the game to the ESRB, along with
8555-451: The ESRB ratings system to their customers. The following year, California passed AB 1179, a second bill sponsored by Yee, which banned the sale of "violent video games" to minors. The term was defined using a variation of the Miller test (originally created to judge whether a work is obscene ), separate from any rating the game may have received. In a landmark ruling, the law was struck down by
8700-413: The ESRB requires that the original game be re-evaluated and remarked with the more appropriate rating in considering this new content. The appearance of the ratings icons themselves have been updated several times; originally carrying a stylized, pixelated look, they were first updated in late 1999 to carry a cleaner appearance. In August 2013, the rating icons were streamlined again; the textual name of
8845-664: The ESRB to restrict video game advertising "to consumers for whom the product is not rated as appropriate." The board also forbids ratings from other organizations from being shown alongside ESRB ratings on publishers' websites or social media outlets. A group of online gaming publications known as the ESRB Website Council operates under a similar code of conduct, which requires them to display ESRB ratings information for games that they cover, and implement systems to restrict access to audiovisual content depicting M or AO-rated games to users who are appropriately aged. In March 2013,
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#17328586571748990-405: The ESRB's strict limits on these situations drastically limited the content that Houser and Rockstar Games could include without receiving an AO rating. Because Houser received this list of alterations so close to the game's intended release date, there was insufficient time to remove any graphic content from the game without compromising the source code. Instead, developers rewrote the code so that
9135-479: The ESRB, and such a rating would curtail the markets in which the game could be sold, putting a great financial burden on Rockstar Games in the process. On 14 July 2004, Houser emailed Jennifer Kolbe, Rockstar Games's director of operations, with a list of the sexual content he planned to include in the game. This included oral sex , sexual intercourse, masturbation , erotic whipping , and dildos , both in-game and during cutscenes. Kolbe responded with concern that
9280-449: The ESRB, stepped down so he could focus on academics. In November 2002, he was formally replaced by Patricia Vance, who formerly worked for The Princeton Review and The Walt Disney Company . In March 2005, the ESRB introduced a new rating, "Everyone 10+", designating games with content of a relatively higher impact than those of games rated "Everyone", but still not high enough to garner a "Teen" rating. The first game to receive this rating
9425-456: The ESRB. In response to concerns from Sony on the growing number of indie game titles that were receiving physical releases alongside retail ones, the ESRB began instituting new rules around August 2017 that any retail product was mandated to undergo the standard Long Form review for the game, disallowing the use of the Short Form for such titles. Alongside this, ESRB introduced a "value tier" for
9570-476: The Long Form review process for games developed at lower budgets (under $ 1 million), with a cost of $ 3000 for obtaining the retail rating. This decision has impacted the choice of several boutique indie game publishers, who have either cancelled plans for retail versions or had to stop selling retail versions to comply with the new ESRB rules. ESRB ratings are primarily identified through icons, which are displayed on
9715-574: The Lounge Lizards (1987). Video games' progression into the 1990s brought dramatic increases in graphics and sound capabilities, and the ability to use full-motion video (FMV) content in games. In the United States Senate , Democratic Senators Joe Lieberman of Connecticut and Herb Kohl of Wisconsin led hearings on video game violence and the corruption of society which began in 1993. Two games of this era were specifically cited in
9860-533: The US, Rockstar Games released an edited version of the game in September 2015, which received an MA15+ rating in Australia. Following the ESRB's announcement that they were investigating San Andreas , U.S. Senator Hillary Clinton petitioned the Federal Trade Commission (FTC) to uncover the source of the game's "graphic pornographic and violent content", determine whether the game should receive an AO rating, and "examine
10005-429: The United States, there have been attempts at the state and federal level to introduce laws requiring retailers to enforce the ESRB ratings system. In 2004, California Assemblyman Leland Yee sponsored a state bill requiring retailers to stock M-rated games on separate shelves that are at least 5 feet (60 in) from the ground. The bill was passed, after it was modified to only require that retailers promote awareness of
10150-530: The adequacy of the retailers' rating enforcement policies". Clinton further declared that she would begin work on a bill that would make it a federal crime, accompanied by a mandatory US$ 5,000 fine, to sell violent or sexually explicit video games to individuals under the age of 18. She filed the Family Entertainment Protection Act on 17 December 2005, with backing from fellow senators Joe Lieberman and Evan Bayh . In addition to preventing
10295-423: The arcade game Death Race required users to run over " gremlins " with a vehicle and avoid the gravestones they leave behind. Although its graphics were relatively primitive, the game's overall theme and the sound effects made when gremlins were killed were considered disturbing by players, prompting media attention. A developer known as Mystique became known for making sexually explicit adult video games for
10440-432: The case for $ 1.3 million , it would take less than $ 30,000 to resolve the submitted claims, and most of the settlement cost would be in legal fees. Rockstar Games also agreed to make a charitable donation worth $ 860,000 as part of the settlement. Because so few affected individuals pursued settlement claims, a judge decertified the settlement class on 31 July. At the time of the "Hot Coffee" controversy, Take-Two
10585-428: The choice to the publisher to resolve. For example, an initial cut of The Punisher was given an AO rating due to the extremely violent nature of certain scenes contained within the game. To lessen their impact, the developer changed these scenes to be rendered in black and white: the revised cut of the game was re-submitted, and received the M rating. There is also an appeals process, but it has never been used. When
10730-642: The coin-operated and consumer segments of the video game industry" as reasoning. The AAMA, the Amusement & Music Operators Association, and the International Association for the Leisure and Entertainment Industry, adopted their own three-tier "Parental Advisory System" in 1994, which uses three color-coded levels of content intensity (designated by green, yellow, and red stickers affixed to arcade cabinet artwork). Alongside its efforts to classify video games,
10875-458: The company did not need to send the Board a content disc, and it was automatically given an M rating. Rockstar Games's decision to release San Andreas on the PlayStation 2 before Windows impacted the modding community, as console games were more difficult to hack into and alter than their PC counterparts. Unable to enact any major edits to the console's source code, modders instead accessed
11020-436: The console from loading unlicensed games. Such leverage on developers has since become a standard practice among console makers, although Nintendo of America also had stringent content policies, frequently censoring blood, sexual content, and references to religion, tobacco and alcohol from games released on its consoles in the United States. When asked in 1987 about the suitability of a film-like rating system for video games,
11165-416: The content was still present on the game disc, but controls made this content inaccessible to the player. Houser emailed San Andreas producer Leslie Benzies on 25 November, after the PlayStation release of the game, to see "how hard we can push the sex stuff" on the impending Windows release. Houser's original plan was to release two versions of the game, one with an M and the other with an AO rating, but
11310-464: The control toggles around this hidden code, however, Wildenborg, Waterduck, and others had to wait until the game's Windows release. Wildenborg was based in the Netherlands , where San Andreas would be released on Windows and the Xbox three days later than in North America, so he collaborated with a modder in the United States to gain early access to the game files. The American modder sent Wildenborg
11455-543: The controversy: in addition to taking the blame for the cultural fallout around "Hot Coffee", they were informed that future versions of the game would be "much more mod-resistant". GTAGarage.com voluntarily removed "Hot Coffee" amidst the controversy, but the negative response that the minigame generated resulted in a chilling effect . Some modders feared that all game alterations would be taken as intentionally hidden content, which could in turn lead to more legal restrictions on video games. The "Hot Coffee" scandal also had
11600-498: The creative team at Rockstar North faced two major challenges in the development of San Andreas : First, they wanted to implement more role-playing elements without turning the series "uber-nerdy". Furthermore, they were determined to "do everything possible to exceed people's expectations" beyond previous games in the series. By this point, games in the Grand Theft Auto series were expected to contain graphic violence, depictions of crime, and coarse language, and Houser believed that
11745-705: The enforcement arms of the NYSE and the NASD, to form a new SRO, the Financial Industry Regulatory Authority (FINRA). In addition, Congress created the Municipal Securities Rulemaking Board (MSRB) as an SRO charged with adopting investor protection rules governing broker-dealers and banks that underwrite, trade and sell tax-exempt bonds, 529 college savings plans and other types of municipal securities. The American Arbitration Association
11890-479: The executive leadership at Take-Two, with Strauss Zelnick named the new chief executive officer. The "Hot Coffee" controversy and subsequent legal and financial action soured the relationships among Rockstar Games, the video game industry, and the modding community. By refusing to publicly comment on the ongoing scandal, Rockstar Games was accused of cowardice by Lowenstein, who said, "If you want to be controversial, that's great ... but then don't duck and cover when
12035-459: The explicit content was removed. Rockstar Games and Take-Two received a warning from the Federal Trade Commission (FTC) for failing to disclose the extent of graphic content present in the game, while a class action lawsuit alleged that the company had misled customers who believed the game's content fell along the lines of a "Mature" rating. "Hot Coffee" had a major impact on the video game industry. Rockstar Games's refusal to publicly comment on
12180-557: The federal Securities Exchange Act of 1934 . The SEC originally delegated authority to the National Association of Securities Dealers (NASD, now Financial Industry Regulatory Authority (FINRA) ) and to the national stock exchanges (e.g., the NYSE ) to enforce certain industry standards and requirements related to securities trading and brokerage. On July 26, 2007, the SEC approved a merger of
12325-514: The file formats, planning the mods they would create for the Windows version upon its release. In December 2004, a group of modders, including Patrick Wildenborg, uncovered several character animations with file names including "SEX", "KISSING", "SNM", and "BLOWJOBZ". One modder, operating under the screen name Barton Waterduck, was able to preview the animations using character model sheets , and these previews confirmed their sexual nature. To overrule
12470-424: The first to implement the system for their own application storefronts, and Microsoft 's Windows Phone Marketplace already supported ESRB ratings upon its introduction. ESRB president Patricia Vance explained that the partnership was intended to help broaden the ESRB's reach into the mobile market, and that "consumers, especially parents, benefit from having a consistently applied set of ratings for games rather than
12615-459: The following day, while Vance criticised Yee for his "crusade ... to undermine the integrity of the ESRB", she also announced that the Board had opened an investigation into "the circumstances surrounding the 'Hot Coffee' modification". On 12 July, meanwhile, the Australian Office of Film and Literature Classification (OFLC) announced that it was opening its own investigation into the game at
12760-585: The game is ready for release, the publisher sends copies of the final version of the game to the ESRB, who reviews the game's packaging, and a random number of games they receive are play tested for a more thorough review, typically for up to four hours. Penalties apply to publishers who misrepresent the content of their games, including the potential for fines up to US $ 1 million and a product recall to reprint proper labels, if deemed necessary. With newer games often having large content patches at release as well as downloadable content, season passes, and other games as
12905-541: The game's "many graphic torture scenes and murders". Attitudes towards AO-rated games have also been influenced by the types of games that have received the rating; Peter Payne, head of Peach Princess , a publisher of English translations of Japanese eroge visual novels , believed that the "Adults Only" rating had acquired a "smutty" and "tasteless" reputation since the majority of AO-rated titles were either niche pornographic titles such as eroge games, or immature titles such as Riana Rouge (which Polygon described as
13050-417: The game's release that he "wanted to blur the lines more between what was in-mission and part of the story and your 'leisure time' in the game ... all of your actions feel like they have consequences, and you are always in the world". San Andreas begins with CJ returning to his home state, the fictional San Andreas, to attend his mother's funeral. Upon his return, he engages in an overarching quest to become
13195-508: The game's script and lyrics from songs in the game. The publisher also pays an upfront fee for obtaining the ESRB rating. After the information is reviewed for completeness and appropriateness by ESRB staff, the material is sent to at least three different raters, who are treated anonymously and prevented from talking directly with the publishers through the ESRB offices. Raters represent various demographics, including parents, along with casual and "hardcore" gamers . Raters were formerly hired on
13340-409: The game, and it was downloaded over 1 million times in a span of four weeks. On the day it was released, Houser discovered the "Hot Coffee" minigame by browsing Grand Theft Auto message boards where it was being discussed. On the same day, Doug Lowenstein , then the president of the Entertainment Software Association , discovered the minigame by viewing a viral video of its content. Over
13485-407: The game, regardless of whether the content was enabled by a third party. The settlement required that Take-Two and Rockstar Games "clearly and prominently disclose on product packaging and in any promotion or advertisement for electronic games, content relevant to the rating, unless that content had been disclosed sufficiently in prior submissions to the rating authority", with violations punishable by
13630-470: The graphic content would result in an AO rating, and the creative team began to research the content limits for video games in the United States. On 16 August, Rockstar Games co-founder Terry Donovan emailed Houser a list of alterations that developers would need to make to ensure that the game fell in line with video game content rating systems in all markets. While certain countries like Spain and Italy had more relaxed guidelines towards nudity and sexuality,
13775-433: The hearings for their content; the fighting game Mortal Kombat featured realistic, digitized sprites of live-action actors, blood, and the ability to use violent " fatality " moves to defeat opponents, while Night Trap featured 90 minutes of FMV content, with scenes that were considered to be sexually suggestive and exploitive . Both Nintendo and Sega had differing views on objectionable content in video games;
13920-545: The hearings. With the threat of federal regulations, a group of major video game developers and publishers, including Acclaim Entertainment and Electronic Arts along with Nintendo and Sega, formed a political trade group known as the Interactive Digital Software Association in April 1994, with a goal to create a self-regulatory framework for assessing and rating video games. While Sega had proposed that
14065-448: The house, while the camera remains outside the front door and no explicit content is visible. The modified version of San Andreas replaces this censored cutscene with the unused minigame found in the code. After receiving fellatio from his girlfriend, CJ assumes the missionary position . Both characters remain clothed as the player is instructed to "push the left analog stick up and down in rhythm", which increases CJ's progress on
14210-433: The idea of the AO rating eventually becoming acceptable would be a good thing for the ESRB system. The stigma is primarily affected by a perception by the industry and other activists that video games are generally considered children's products ; for example, the availability of a Wii version of Manhunt 2 was condemned by Senator Hillary Clinton over fears that children could use the game's motion controls to act out
14355-721: The implementation of the Film Classification Act, 2005 , which gave it the power to enforce ESRB ratings, the Ontario Film Review Board had used its own powers to classify the M-rated Manhunt as a film and give it a "Restricted" rating to ban its sale to those under 18. By contrast, the British Columbia Film Classification Office considered the ESRB rating to be appropriate. The ESRB enforces guidelines that have been adopted by
14500-667: The industry use its VRC rating system, Nintendo representatives objected to the idea because they did not want to associate themselves with the work of their main competitor; instead, a vendor-neutral rating system known as the Entertainment Software Rating Board (ESRB) was developed. The formation of the ESRB was officially announced to Congress on July 29, 1994. The ESRB was officially launched on September 16, 1994; its system consisted of five age-based ratings; "Early Childhood", "Kids to Adults" (later renamed "Everyone" in 1998), "Teen", "Mature", and "Adults Only". The ESRB
14645-476: The intent of determining whether the developers had intentionally misled the ESRB on the content of San Andreas to avoid an AO rating. The parties reached a settlement on 8 June 2006, with the FTC ruling that Take-Two and Rockstar Games had violated the Federal Trade Commission Act of 1914 by failing to disclose the inclusion of "unused, but potentially viewable" nude imagery and sexual content in
14790-403: The job. It took explicit porn to get Grand Theft Auto: San Andreas an AO rating, even though the original version, still rated M, rewards players whose on-screen persona had sex with prostitutes and then killed them. We have been calling for AO ratings for the Grand Theft Auto series for years—now it is clear why the ESRB has ignored our request." The ESRB disputed these claims, arguing that
14935-404: The latter's comedic tone, but still noted that "as parents we know what's right and what isn't for our kids, and being aware of the content they consume is a large part of our job as parents." Halo 5: Guardians received a "Teen" rating instead of "Mature". Microsoft Xbox division executive Aaron Greenberg argued that consumers had been "surprised" by the M rating on previous installments "given
15080-523: The majority of AO-rated titles are adult video games with graphic sexual content. There have been isolated cases of games receiving the rating for other reasons, including high-impact violence, and allowing players to gamble using real money. The latter also includes games that utilize blockchain technology to distribute virtual goods with real-world value. In addition to the main age-based ratings, ESRB ratings also incorporate one or more of 31 "content descriptors", which provide detailed information about
15225-441: The marketing materials of games with lower ratings. In addition to its video game ratings operation, the ESRB also offers an online privacy program which helps websites adopt privacy policies and data usage practices which comply with relevant laws and best practices for the collection and use of personal information, and provides "Privacy Certified" seals indicating certification under the ESRB's privacy guidelines. In June 2013,
15370-482: The matter was poorly received by the industry and modding community, while the ESRB announced fines of up to US$ 1 million for game developers who failed to disclose the extent of their graphic content. "Hot Coffee" reappeared in future Rockstar Games releases: A similar mod for Red Dead Redemption 2 was posted on Nexus Mods in 2020 and subsequently taken down by Rockstar Games, while 2021's Grand Theft Auto: The Trilogy – The Definitive Edition , which includes
15515-530: The mod was taken down from Nexus Mods shortly after its release. On 11 November 2021, Rockstar Games released Grand Theft Auto: The Trilogy – The Definitive Edition . Designed for Windows, the Nintendo Switch , PlayStation 4 , PlayStation 5 , Xbox One and Xbox Series X/S , The Trilogy is a remastered compilation of Grand Theft Auto III , Vice City , and San Andreas . Two days after its wide release, Rockstar Games announced that they were removing
15660-478: The mod, protagonist Arthur Morgan meets a prostitute in a saloon and takes her upstairs to engage in sexual intercourse. Rockstar Games, who developed the Red Dead series as well as Grand Theft Auto , issued the modders a cease and desist letter stating that their creation had violated the game's end-user license agreement . The creators insisted that they had not violated service terms; despite their protest,
15805-399: The nature of their content, and gave them "Restricted" ratings, legally restricting their sale to adults. There has been a correlation between the M rating and sales; a 2007 study by Electronic Entertainment Design and Research found that M-rated games "have both the highest average Metacritic scores and the highest average gross sales in the United States", and NPD Group found that 7 of
15950-433: The next month, Rockstar Games's public relations team were instructed not to respond to any requests for comment on the controversy. The only communication they offered was to Lowenstein and Patricia Vance, the president of the ESRB. Rockstar Games informed both parties that "Hot Coffee" was the result of a third-party modification and that they would comply with any forthcoming investigation. On 7 July 2005, Leland Yee ,
16095-491: The organization "relies on flawed research and ignores any and all conflicting evidence", was "imposing its own narrow values and morality on the rest of the country, regardless that it has little evidence to show that parents agree with their point of view", and did not reply to the ESRB's request for comments following its report card in 2004. The board also pointed out that the NIMF's study and " report card " used data from PSVRatings,
16240-399: The packaging and promotional materials for a game. Each icon contains a stylized alphabetical letter representing the rating. A full label, containing both "content descriptors" and rating, are typically displayed on the back of a game's packaging. Games that provide post-release downloadable content must ensure that the new content remains consistent with the original ESRB rating; otherwise
16385-481: The player maintains CJ's health and street cred . Prior to the release of San Andreas , the Grand Theft Auto series was popular among the modding community, with players known as "modders" hacking into a game's source code and creating modifications, or "mods". By introducing in-game character customisation options, San Andreas made game mods more accessible to those outside of the hacking community. Rockstar Games's president Sam Houser told reporters before
16530-453: The publisher provided no reason for this decision, it was believed that it stemmed from the "increased political pressure" Take-Two was under, partially brought about by the "Hot Coffee" scandal. Rockstar Games released Grand Theft Auto IV , the next game in the Grand Theft Auto series, on 29 April 2008, to critical and commercial acclaim. Some fans believed that the game included an Easter egg referencing Hillary Clinton's involvement in
16675-420: The publisher to better prepare future submissions, but should a publisher make such omissions multiple times, the ESRB will fine them for subsequent infractions. The publisher receives this final report of what rating the game will carry. According to the ESRB, most publishers have a good expectation of what they will be assigned and do not challenge what they are given. However, if a publisher does not agree with
16820-428: The raters may find inconsistencies between the details on the Long Form and in the video footage. Should these occur, the ESRB contacts the publisher to ask for clarification of these matters, typically which are then resolved quickly. In some cases, the omission of certain material on the Long Form or in the footage may be significant. For any publisher, the ESRB gives them a number of warnings of such omissions which help
16965-423: The rating became black text on white, the "content rated by" tagline was removed, and registered trademark symbols were moved to the bottom-right corner. The changes were intended to increase the icons' clarity at smaller sizes (such as on mobile devices), reflecting the growth in the digital distribution of video games. Games with this rating contain content that the ESRB believes is suitable for ages 18 and over;
17110-465: The rating system, along with the organization's efforts to ensure that retailers comply with the rating system and that publishers comply with its marketing code, the ESRB has considered its system to be effective, and was praised by the Federal Trade Commission for being the "strongest" self-regulatory organization in the entertainment sector. Despite its positive reception, the ESRB has still faced criticism from politicians and other watchdog groups for
17255-448: The rating that they were assigned, they may ask questions about why a rating was given and work back and forth with the ESRB to adjust it. Alternatively, the publisher may edit the game and submit the revised version for a new rating, which restarts the process. In such cases, the ESRB does not inform the publisher of what content must be changed or removed to change the rating, but only which content triggered certain rating elements, leaving
17400-521: The ratings icons in advertising without authorization or having actually been issued the rating by the board. Steam , the largest digital distribution storefront for personal computers, does display ratings when available, and allows games to be categorized and filtered based on categories and the extent of potentially objectionable content, but an ESRB rating is not mandatory. As of June 2018, following complaints regarding inconsistent enforcement of its previous guidelines, Steam stated that it would only ban
17545-454: The re-rating on the basis that the material was present "in a fully rendered, unmodified form on the final discs" of the game, which, "compounded by the broad distribution of the third party modification", undermined "the credibility and utility of the initial ESRB rating". As a result, major retailers such as Walmart , Target , Best Buy , and Circuit City announced that they would immediately cease all sales of San Andreas for as long as it
17690-477: The request of Philip Ruddock , the Attorney-General of Australia . The OFLC had originally rated San Andreas MA15+, which limited purchase to individuals aged 15 or older. While "Hot Coffee" had been popular among the Grand Theft Auto modding community upon its release, Yee's comments drew the public's attention to the minigame. In a statement on his personal website, Wildenborg clarified that although he
17835-610: The rules for multiple listing services and how brokers use them. Another example is the American Medical Association which sets rules for ethics, conflicts, disciplinary action, and accreditation in medicine. BBB National Programs is an example of an organization that houses multiple SROs, such as the Children's Advertising Review Unit , (CARU) and the National Advertising Division (NAD), formerly known as
17980-654: The sale of M- and AO-rated video games to minors, the bill recommended that the FTC check annually for hidden content in existing games, such as the code that led to the "Hot Coffee" mod. The bill was referred to the United States Senate Committee on Commerce, Science and Transportation , where it expired without action at the end of the 109th Congress . Meanwhile, on 28 July 2005, the United States House of Representatives voted 355–21 to launch an FTC investigation against Take-Two and Rockstar Games with
18125-444: The sale of games that contain blatantly illegal content, or games that it classifies as being "straight up trolling ". However, in March 2019, it was revealed that there are still undisclosed limitations to this policy based on "costs and risks" associated with Steam's ability to distribute specific games. Epic Games Store also prohibits "Adults Only"-rated games, unless the rating was solely for their use of blockchain technology. In
18270-425: The sales department was concerned about the financial impact of releasing an explicit game. Instead, Rockstar Games decided to release the game in its M-rated form, with a later patch including more graphic content for players who desired. On 7 January 2005, Rockstar Games submitted the Windows and Xbox versions of San Andreas to the ESRB. Because the game was identical to the already-reviewed PlayStation 2 version,
18415-505: The same rating as Saints Row IV , which carries the 'Blood,' Intense Violence,' 'Partial Nudity,' 'Sexual Content,' 'Strong Language' and 'Use of Drugs' descriptors was always silly, and it weakened the thrust of the ratings system." Likewise, he felt that the tone and content of the PG-13 rated film The Dark Knight was relatively harsher to children than that of the Saints Row series due to
18560-423: The service was extended to mobile apps, with a particular emphasis on helping application developers comply with the then-upcoming changes to the Children's Online Privacy Protection Act . The ESRB has considered its system to be effective, due in part to initiatives by the Board to promote enforcement and consumer awareness of the system, and efforts by retailers to prevent the sale of M-rated games to minors. In
18705-521: The shit hits the fan. Stand up and defend what you make." In a 2012 interview, Rockstar Games co-founder Dan Houser responded to the backlash surrounding Grand Theft Auto ' s controversial content, stating, "We never felt that we were being attacked for the content, we were being attacked for the medium, which felt a little unfair. If all of this stuff had been put into a book or a movie, people wouldn't have blinked an eye." The modding community, meanwhile, felt alienated by Rockstar Games's response to
18850-588: The speaker pro tempore of the California State Senate , issued a press release condemning the ESRB for not providing San Andreas with an AO rating for its violence and the explicit sexual activity in the "Hot Coffee" minigame. At the time, Yee had been promoting the AB450 bill, which would require the state of California to place warning labels on violent video games and require retailers to check for identification before selling these games to customers. On
18995-497: The specific types and levels of objectionable content contained in a game, including categories covering different levels of violence , language, sexual content , nudity , use of alcoholic beverages , tobacco products and drugs , crude and mature humor, or gambling . When a descriptor is preceded by the term "Mild", it is intended to convey low frequency (unless the definition of the content descriptor says otherwise), intensity, or severity. An ESRB ratings label may also include
19140-412: The structure of its operations, particularly after a sexually-explicit minigame was found within 2004 game Grand Theft Auto: San Andreas — which was inaccessible from the game but could be accessed using a user-created modification . The ESRB has been accused of having a conflict of interest because of its vested interest in the video game industry, and that it does not rate certain games, such as
19285-422: The style of the game and the lack of real graphic violence and things like that", but that the "Teen" rating would theoretically enable the game to reach a broader audience of younger players. The "Adults Only" (AO) rating has attracted a negative stigma among the video game industry—one which has been criticized for stifling the ability for developers to have creative freedom in their portrayal of certain themes in
19430-723: The top 20 video games of 2010 (including the #1 game, Call of Duty: Black Ops ) were M-rated, even though only 5% of games released that year carried the rating. In 2005, the National Institute on Media and the Family (NIMF) criticized the ESRB for seldom-using the Adults Only rating, arguing that because it has a vested interest in the video game industry, it did not want to perform actions that would affect their commercial availability. The organization stated that "study after study shows that ratings would be stricter if parents were doing
19575-551: The video game industry in order to ensure responsible advertising and marketing practices. These include ensuring that game packaging and promotional materials (including advertisements and trailers ) properly display rating information, restricting where promotional materials for games rated "Teen" or higher can appear, prohibiting publishers from glamorizing or exploiting a game's rating in marketing materials, and requiring online marketing of games rated "Mature" or higher to be restricted to users who are appropriately aged . This allows
19720-430: The virtual world. Each girlfriend has preferences for CJ's appearance and date activities; if CJ impresses the girlfriend by catering to these preferences, the player unlocks certain rewards. When CJ has sufficiently impressed one of these girlfriends, she will invite him home "for some coffee", a euphemism for sexual intercourse . In the unmodified version of the game, the player hears muffled sexual sounds from inside
19865-410: The way to "include new functionality and interaction in line with the 'vibe' of the game" was to branch into more explicit sexual content. The inclusion of sexual content in video games proved challenging for developers, as the medium was still seen primarily as entertainment for children. The inclusion of in-game nudity , for instance, was likely to earn San Andreas an "AO" ("Adults Only") rating from
20010-447: The year following its 1994 launch, the ESRB rating system had achieved widespread usage across the console game industry, although adoption was not yet as high within the PC gaming industry. Lieberman and Kohl also reported that some retailers were reluctant to the idea of removing older, non-rated games from their shelves, and that some retail employees lacked knowledge of the new system. By 2008,
20155-655: Was Donkey Kong Jungle Beat . In response to the growth of smartphone use, in November 2011, CTIA , a group of major U.S. companies representing the wireless industry, and ESRB announced the co-development of a free, voluntary ratings process for mobile app stores . The system uses ESRB's icons and content descriptors, along with four additional "Interactive Elements" ("Digital Purchases", "Shares Info," "Shares Location," and "Users Interact") to inform users of an app's behavior in regards to data collection and interactions with others. Verizon Wireless and T-Mobile US were among
20300-530: Was adopted by the Parliament of Kazakhstan in 2015. In 2007, Russia has adopted a law regulating SROs. Category:Self-regulatory organizations in the United States]] [[ Hot Coffee (minigame) " Hot Coffee " is the unofficial name for a minigame in the 2004 action-adventure video game Grand Theft Auto: San Andreas by Rockstar Games . While it was not playable in the official game release,
20445-478: Was already under investigation by the United States Securities and Exchange Commission on charges of insider trading involving company founder and chairman Ryan Brant. This investigation culminated in a $ 7.5 million settlement on 9 June 2005. On 17 February 2006, Take-Two shareholders filed a class action lawsuit alleging that the company's mishandling of various financial aspects had caused
20590-401: Was not responsible for the creation of any explicit sexual material present in the game, such material was impossible to access without modifying the source code, and thus "Hot Coffee" could "therefore not be considered a cheat , Easter egg or hidden feature but is most probably just leftover material from a gameplay idea that didn't make the final release". On 14 July, Rockstar Games released
20735-612: Was properly disclosed. The survey-based method is also used in the ESRB/CTIA and IARC rating programs for mobile apps . The ESRB phased out the Short Form for digital-only games, instead directing those developers and publishers to use the similar free questionnaire-driven IARC program, which was being adopted beyond mobile app stores, including the Nintendo eShop and PlayStation Store, as a requirement for posting, and which automatically are accepted by several national-level rating boards, including
20880-446: Was rated AO. On 29 July, the OFLC stripped San Andreas of its classification. Because Australia did not have an R18+ rating for games and it was used only for movies and TV shows at the time, the inclusion of explicit content instead resulted in a complete ban on sales of the game. In response to the re-ratings, Take-Two suspended all production of San Andreas until they could release
21025-488: Was the first rating system to also use "descriptors" with brief explanations of the content contained in a game, as the ESRB found that parents wanted to have knowledge of this type of content before they purchased games for their children. The U.S. arcade gaming industry did not adopt the ESRB system, with the American Amusement Machine Association (AAMA) having cited "fundamental differences between
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