[Congressional Record Volume 151, Number 102 (Monday, July 25, 2005)]
[House]
[Pages H6401-H6405]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXPRESSING SENSE OF THE HOUSE THAT THE FEDERAL TRADE COMMISSION SHOULD
INVESTIGATE THE PUBLICATION OF THE VIDEO GAME ``GRAND THEFT AUTO: SAN
ANDREAS''
Mr. UPTON. Mr. Speaker, I move to suspend the rules and agree to the
resolution (H. Res. 376) expressing the sense of the House of
Representatives that the Federal Trade Commission should investigate
the publication of the video game ``Grand Theft Auto: San Andreas'' to
determine if the publisher intentionally deceived the Entertainment
Software Ratings Board to avoid an ``Adults-Only'' rating, as amended.
The Clerk read as follows:
H. Res. 376
Whereas the video game ``Grand Theft Auto: San Andreas''
was given a rating of ``Mature'' by the Entertainment
Software Ratings Board;
Whereas the game contains sexually explicit content that is
accessible by consumers but that appears to have been hidden
from the ratings board in order to avoid the game receiving
an ``Adults Only'' rating;
Whereas the Entertainment Software Ratings Board took swift
action in investigating the matter and revoked the ``Mature''
rating, ensuring any future sales of ``Grand Theft Auto: San
Andreas'' will be under an ``Adults Only'' rating; and
Whereas the publisher of the video game, Rockstar Games,
may have deceived the ratings board and consumers: Now,
therefore, be it
Resolved, That it is the sense of the House of
Representatives that--
(1) the Federal Trade Commission should investigate the
publication of the video game ``Grand Theft Auto: San
Andreas'' to determine if the publisher, Rockstar Games,
deceived the Entertainment Software Ratings Board to avoid an
``Adults-Only'' rating; and
(2) if the Commission determines Rockstar Games to have
committed such deception or fraud, the Commission should
apply the toughest of penalties.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Upton) and the gentlewoman from Minnesota (Ms. McCollum)
each will control 20 minutes.
The Chair recognizes the gentleman from Michigan (Mr. Upton).
General Leave
Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on this legislation and to insert extraneous material on the same.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, last week I was appalled to hear about the release of
the new version of the video game Grand Theft Auto: San Andreas having
a back door to porn embedded in its files. That kind of material would
have certainly earned it an ``Adults-Only'' rating rather than the
``Mature'' rating that it has been marketing. I cannot imagine how a
good player in the video game industry could make an honest mistake of
something like that, so you have to wonder just what they are trying to
do.
We have had hearings on rating video games as well as music and
movies in our committee, and I believe fully that parents are the first
line of defense for controlling what their kids watch. Up until now,
parents have been able to trust the Entertainment Software Ratings
Board, ESRB, to give them credible information about exactly what is in
a video game. I want to make sure that that remains the case.
According to the Federal Trade Commission, the FTC, parents are
involved in the purchase and rental of games more than 8 out of 10
times, better than 80 percent, making it indisputably clear that
parents are the gatekeepers when it comes to deciding what games they
bring into their homes.
The facts about consumer awareness and use of the ESRB ratings: 78
percent of parents are aware of the rating system, up 8 percent in the
last 2 years; 61 percent of parents are aware of content descriptors,
up 53 percent in the last 2 years; 70 percent of parents regularly
check the rating before making a purchase. If this company purposely
hid that information or material to make a sham of the ratings, it is
nothing less than deceptive advertising and it ought to be punished, in
this case severely.
My resolution, coauthored by the gentleman from Massachusetts (Mr.
Markey), calls on the Federal Trade Commission to investigate Rockstar
Games to see if they intentionally deceived the ratings board to avoid
the Adults-Only rating, and, if they determine that such deception or
fraud has taken place, that they apply the very toughest of penalties
or sanctions. The video game industry has gone into great detail to
define their ratings, but I want parents to feel confident that the
labeling of the video games that they allow their kids to play or
purchase is reliable and that bad actors do not get away with
deceptions like this.
Mr. Speaker, if these ratings were willfully violated, they ought to
be punished, and a firm should not be allowed to profit from that
outrageous circumstance when those rules are followed by so many
families when they buy or see the video games in their homes. This
resolution calls for that.
Mr. Speaker, I include for the Record a letter that I sent earlier
this week to the Chair of the FTC signed by more than 75 Members of
Congress, the cover letter signed by the gentleman from Michigan (Mr.
Dingell), the gentleman from Texas (Mr. Barton), the
[[Page H6402]]
gentleman from Massachusetts (Mr. Markey) and myself, asking that the
FTC take every action that they can if, in fact, the material shows
that it was wrong in terms of getting the ``M'' rating.
Congress of the United States,
Washington, DC, July 21, 2005.
Hon. Deborah Platt Majoras,
Chairman, Federal Trade Commission,
Washington, DC.
Chairman Majoras: We write to express our profound concern
regarding the sexually explicit material contained in the
rated ``M'' video game ``Grand Theft Auto: San Andreas.'' We
ask for your attention to this matter and to determine if the
publisher, Rockstar Games, intentionally deceived the
Entertainment Software Rating Board to avoid an ``Adults-
Only'' rating. We believe that they may have and the toughest
penalties need to be applied.
The recent release of ``Grand Theft Auto: San Andreas'' was
widely anticipated by consumers, but an ``Adults-Only''
rating would have severely limited its sales in retail
outlets. It appears that the publisher has blatantly
circumvented the rules in order to peddle sexually explicit
material to our youth, and they should be held accountable.
We stand in agreement that parental involvement is the most
important line of defense in determining the type of content
suitable for children, and the ratings system empowers
parents to do just that. Unfortunately, this latest incident
of deceit has severely degraded the integrity of the ratings
system. How can parents trust a system in which game makers
do an end-run around the process to deliver pornographic
material to our kids?
We appreciate the ESRB's swift action in investigating the
matter and revoking the M rating and ensuring any further
sales of ``Grand Theft Auto: San Andreas'' will be under an
AO rating. But this action should have never been necessary
had Rockstar Games complied with industry standards from the
outset.
We respectfully request that you investigate this matter,
and if Rockstar Games is found to have intentionally deceived
American consumers, we ask that severe sanctions are imposed
to the greatest extent under the law. This type of
profiteering from peddling smut to minors must not be
tolerated. A company cannot be allowed to profit from deceit.
We appreciate your attention to this matter and look
forward to your response.
Sincerely,
Fred Upton, Ed Markey, Joe Barton, John Dingell, and 75
other Members of Congress.
Mr. Speaker, I reserve the balance of my time.
Ms. McCOLLUM of Minnesota. Mr. Speaker, I yield myself such time as I
may consume.
I appreciate the opportunity to speak on House Resolution 376. I
would like to commend the resolution's author, the gentleman from
Michigan (Mr. Upton). I agree with the previous remarks made by him.
Let me start by commending an organization, however, I have worked
with over the past 3 years, the National Institute on Media and the
Family, and its founder Dr. David Walsh, for uncovering and exposing
this video game scandal. Dr. Walsh and the Institute on Media and the
Family have for years been calling for an independent rating system on
interactive video games. They have been national leaders on calling on
retail stores across the country to ensure age-specific ratings are
enforced. I agree, and I support an independent rating system and
retailer responsibility.
The video game industry has a scandal on its hands, and parents
across America have been given a wake-up call. Video games can be fun,
but they can also be very powerful tools for exposing children to
violence, sex and inappropriate material. Grand Theft Auto: San Andreas
is not a video game. It is a violent and sexually explicit tool to
train virtual victimizers in crime and sexual violence, and this was
before the current pornographic scenes were exposed.
In a review of Grand Theft Auto: San Andreas on Amazon.com, it is
described as ``even more bloody, violent and sadistic than its popular
predecessors, offering up an enormous 3-D city in which nearly any
criminal act is possible. Players are free to steal cars, beat up the
local population for their money or weapons, to make time with
prostitutes, or to simply roam to their heart's content.'' That was a
review before the pornographic scenes were made known.
Dr. Walsh has been, as I said, outspoken on this issue. Even before
the pornographic scenes were exposed, Dr. Walsh, and I quote him as
saying, this was not an appropriate game for our children, this
violence training tool was rated ``M'' for mature, meaning the material
was suitable for persons age 17 and older. Titles in this category may
contain intense violence, blood and gore, sexual conduct, and/or strong
language. The shooting of police officers, the killing of senior
citizens for sport and winning points for sleeping with prostitutes and
then killing them is not a game for 17-year-olds. It is disgusting, and
it is a vile example of an industry with enormous potential being
hijacked.
However, I would like to applaud two Minnesota-based retailers, Best
Buy and Target, for their responsible and prudent decision to remove
this so-called ``game'' from their shelves. I strongly support the
intent of this resolution.
I would also like to enter for the Record two editorials, one from
the Minneapolis Star Tribune and one from the New York Times, calling
on action because of this game.
[From the Minneapolis Star Tribune, July 25, 2005]
Grand Theft/Absent Porn, Still Not for Teens
Take-Two Interactive and Rockstar Games must have thought
they were pulling a fast one on parents. Hidden in the
bestselling video game ``Grand Theft Auto: San Andreas''--
activated by an Internet download and a code--are scenes that
allow players to engage in virtual sex acts.
But the inside joke eventually went public. And people
didn't laugh.
Last week, the Entertainment Software Ratings Board (ESRB)
slapped an AO (adults only 18-plus) rating on the popular
video game. Immediately, Wal-Mart, Target, Best Buy and
several other retailers pulled it from their shelves.
Rockstar, the game's developer, which for weeks blamed
``outsiders'' for the sexually explicit modifications, now
admits that the retail version was produced with them on the
game. It has now ceased production of that version and will
produce one minus the pornography.
Before someone is tempted to nominate either company for a
Good Citizenship Award, keep in mind what will remain on the
game. ``Grand Theft Auto: San Andreas'' is definitely not
``Ms. Pacman.'' An amazon.com review describes it as ``even
more bloody, violent, and sadistic than its popular
predecessors, offering up an enormous 3-D city in which
nearly any criminal act is possible. Players are free to
steal cars, beat up the local population for their money (or
weapons), make time with prostitutes, or simply roam to their
heart's content.''
The ``toned-down'' version will be rated Mature, making it
available for anyone 17 or older.
The violence in ``Grand Theft Auto'' is not an aberration.
Take-Two is excited about its upcoming release, ``Bully.''
Take-Two says ``you'll laugh and cringe as you stand up to
bullies, get picked on by teachers, play pranks on malicious
kids, win or lose the girl, and ultimately learn to navigate
the obstacles of the fictitious reform school, Bullworth
Academy.'' Given its track record with other games, it is
safe to assume gunplay will be featured prominently in
``Bully.'' We wonder if the folks in Littleton, Colo., or
Cold Spring, Minn., will laugh.
This all alarms David Walsh, president and founder of the
National Institute on Media and the Family. His research
shows that the teen brain is still a work in progress,
struggling to manage sexual and violent impulses. These
games, which are marketed toward teens, should not be in the
hands of teens, he believes.
We agree. The rating system for video games simply doesn't
work. The ESRB was established by the Entertainment Software
Association. Advising the ESA is an executive from Take-Two
Entertainment, which owns Rockstar, which makes of ``Grand
Theft Auto.'' It's comparable to letting the defense attorney
serve as the jury foreman.
This industry repeatedly has shown it can't be trusted to
monitor itself. There is too much money to be made from young
people by keeping ratings standards relaxed, and there are no
penalties for companies that skirt the rules.
Parents aren't off the hook. They need to take more of an
interest in the kinds of games their children are playing.
But a truly independent oversight body is necessary. By
evaluating and rating these games, a proper oversight panel
would help arm parents with the information they need to
ensure the video games their children are playing are age-
appropriate.
____
[From the New York Times, July 21, 2005]
Video Game Known for Violence Lands in Rating Trouble Over Sex
(By Seth Schiesel)
Under pressure from Democratic senators, the board that
rates video games assigned the latest installment of the
Grand Theft Auto series an adults-only label yesterday,
effectively removing it form the shelves of most major retail
stores.
The decision comes a few weeks after independent
programmers uncovered a sexually suggestive scene that the
game's creators say was never meant to be seen.
The board's president, Patricia Vance, said yesterday that
the move was the first time in years that the group, the
Entertainment
[[Page H6403]]
Software Rating Board, had changed the rating for a game that
had already been released. The rating was changed to ``Adults
Only'' from ``Mature,'' which is meant to signal
appropriateness for players 17 and older.
Several top video game retailers, including Wal-Mart and
Target, said yesterday that they would no longer sells the
current version of the game, Grand Theft Auto: San Andreas.
Like the motion picture ratings system, the video game's
review system is nominally voluntary but usually compulsory
in practice. Just as major movie theater chains almost always
refuse to exhibit NC-17 movies, most mainstream retailers
refuse to stock adults-only games.
The game's developer, Rockstar Games, which is owned by
Take-Two Interactive, said yesterday that it would stop
making the current version of the game and would release a
new version as soon as possible.
Fueled by a mix of freewheeling play and rough-and-tumble
urban motifs, the Grand Theft Auto series has become one of
the world's most popular game franchises. According to the
NPD Group, a market research firm, the game had sold more
than 21 million copies since 2001 and had generated $924
million in revenue for Rockstar Games.
Even as game players, mostly young men, have flocked to the
series, politicians have signaled it out for its violence and
sexually suggestive material.
The franchise's latest installment, San Andreas, has sold
almost six million copies since its release in October but
has drawn close scrutiny in recent weeks after independent
game enthusiasts uncovered a sex-oriented ``minigame'' that
had been hidden in the program's code.
To unlock the hidden scene, a user must download a program
from the Internet known as Hot Coffee that was created by
fans of the game. The scene depicts mostly clothed digital
people performing sex movements.
``An artist makes a painting, then doesn't like the first
version and paints over the canvas with a new painting,
right?'' said Rodney Walker, a spokesman for Rockstar Games.
``That's what happened here. Hackers on the Internet made a
program that scratches the canvas to reveal an earlier draft
of the game.''
Yesterday's decision by the rating board is sure to fuel
tension between game companies and a subset of their players,
known as modders, who make modifications for their favorite
titles. Many companies, including Rockstar, have
traditionally encouraged modders as a way of extending the
life and relevance of their games.
But yesterday's action may also encourage publishers to
make their games less alterable so that they are not held
responsible for the changes the modders make or the old code
that they unearth.
In a statement, Take-Two said that it was considering legal
action against companies that help game players change the
content.
Game players can buy devices on Web sites that allow them
to alter games for consoles like Sony's PlayStation 2 that
are impossible for normal users to change. On personal
computers, users can change their games without special
hardware.
Ms. Vance, the board's president, said that the mere
presence of the Hot Coffee scene on the game disc, even in
locked form, was cause to change the rating.
This is the first time that we have dealt with a third-
party modification and this raises a number of issues that we
as an industry will have to deal with,'' Ms. Vance said.
``We want to make it very clear to publishers that they
must clean up their product before shipping it.'' she said.
``In the past they may have included content on the disc that
they never intended the audience to access, but now hackers
have sophisticated tools to unlock this stuff and the
publishers have to be sure to either disclose the material to
us or delete it.''
Yesterday's move came as the industry and the ratings board
have come under increasing political pressure. After reports
about the modification, Senator Hillary Rodham Clinton,
Democrat of New York, called on the Federal Trade commission
last week to investigate the game's earlier mature rating.
Mr. Walker of Rockstar said the company intended to release
a new version of the game without the Hot Coffee code as soon
as possible.
Ms. Vance said such a move would restore the Mature rating,
and a Wal-Mart spokeswoman said that her company would almost
certainly restock the new version.
Nonetheless, Take-Two lowered its financial forecast for
its year that ends in October.
The company said it expected net sales for the year of
$1.26 billion to $1.31 billion, down from an earlier forecast
of $1.3 billion to 1.35 billion. The company said it expected
earnings of $1.05 to $1.12 a share, down from an earlier
forecast of $1.40 to $1.47 a share.
The Federal Trade Commission should look into this matter and
investigate how this hidden material was placed in Grand Theft Auto.
Parents across America must learn from this episode and participate and
understand the games that their children are playing. They must play
the games with their children when they bring them home and constantly
review as the child progresses through the game, as the game changes.
But right now what is needed more than ever is an independent rating
system. We need it. We need it immediately.
Mr. Speaker, I yield back the balance of my time.
Mr. UPTON. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I am a dad. I have got two teenagers. My son has an X
Box game. We are very careful in terms of the games that come into our
house, both when we go to the store to purchase them as well as what
both he and my daughter watch. It is my clear understanding, and the
gentlewoman from Minnesota and my colleagues here know it is our
understanding, that this particular video game never should have had an
``M'' rating. It always should have been an ``Adults-Only.'' Had it had
an ``Adults-Only,'' it would not have been on the shelves of a number
of different major retail stores, whether they be Best Buy, Sears, Wal-
Mart, et cetera. It was appropriate that they immediately remove those
games from their shelves.
{time} 1545
It is not appropriate. We are thinking that we are taking the right
steps to send that message for all families across this country. Not
only did we get the letter that was signed literally in about 10
minutes by more than 75 Members of this House in a bipartisan approach,
but I have called the FTC to talk with them as well to make sure that
if, in fact, they did violate the standard that they ought to use every
sanction that they can to go after this particular manufacturer.
But this resolution spells it all out as well. And I would urge my
colleagues to support this resolution because that indeed will send the
message not only to this particular gamemaker but to use all the
strength that the FTC has for those who violate those standards that we
ought to seek sanctions appropriately to go after them so they do not
profit from despicable games like this that no 13-year-old ought to be
exposed to, let alone families across the country.
Mr. BACA. Mr. Speaker, I rise in support of H. Res. 376, to ask the
FTC to look into the misrating of the ``Grand Theft Auto'' video game.
I have been working on this issue for the last five years, since
2000, and have been working also with Representative Wolf and others to
ensure that members and the public understand the importance of this
issue to our children. It's good to know that other members are
becoming aware of the problem and together we can work in a bipartisan
effort and make a difference.
Through our hard work, and that of those who are with us, the ESRB,
the Voluntary Industry Rating Board, has now changed the rating of
``Grand Theft Auto'' from an M to an AO. That is not enough, because
there are literally dozens of games out there that have the same type
of offensive content, and the burden is now on the industry to explain
why all of those games should not be rated AO, also.
But we will not wait for the industry. We must take action now. We
must step up the pressure. For this reason, we have asked the FTC to
scrutinize all video games, including ``Grand Theft Auto'', to make
sure they are properly rated. We appreciate the continued expression of
support by the Congress. Together we can make a difference.
My legislation, the Software Accuracy and Fraud Evaluation Rating Act
or Safe Rating Act (H.R. 1145), would empower parents, by calling upon
the FTC to look at all video game ratings.
Parents are the gatekeeper for what their children watch or play, but
how can they do that, if the ratings are not accurate? How can they do
that if the ratings are confusing? We must empower parents!
The decision to rate ``Grand Theft Auto--San Andreas'' as adults only
represents a small victory for those of us who have been calling on the
video game industry to clean up its act.
However, the industry's self-regulation is a case of the fox guarding
the hen house--and American children are at risk because of this.
Although the ratings board has decided in July of 2005 that San
Andreas should be rated adults only, it has already been sold for at
least 18 months, earning millions of dollars for its producer. In fact,
it was the best-selling game of 2004! And that means that millions of
American children have played it, being exposed to graphic violent and
sexual content.
Parents are confused by the ratings and angry that their kids are
being exposed to filth and violence.
I hear from concerned parents in my district in California and from
all over America.
[[Page H6404]]
The most important step we should take now is to pursue an
investigation by the Federal Trade Commission into the video game
rating system as my legislation calls for.
I have recently met with the FTC chairwoman Deborah Majoras to press
for changes in how the games are reviewed and rated.
This is a $25 billion worldwide industry that makes much of its
profits by targeting teenage and younger boys.
The industry can give a game an M rating with a wink because it knows
that any kid can buy a game even if it has an M rating.
There are several problems with the M Rating:
The wording on the label (in the small print on the back of the
package) does not give parents a full and honest understanding of what
is really in the game.
The M rating is confusing because the criteria that the industry uses
to determine an M rating is almost identical to what it uses for the
adults only rating.
Kids are buying these games! This month CBS News reported the results
of a recent study: Despite the warning labels, 50 percent of boys age
7-14 have bought a game rated-M, for mature audiences, and a stunning
nine out of ten of the boys have played them.
These games are harmful to children. Playing a violent or graphic
video game hurts a child even more than watching a violent movie or TV
show or listening to an obscene song because the child is role playing.
The child assumes the identity of a criminal or a gang member.
Too many video games glorify and reward violent and criminal
behavior. Why don't the video games feature heroic characters? Instead
of having a child act like a cop-killer, why not make him a police
officer? Instead of someone who kills, why not make him a lifesaver,
like a fireman or a doctor?
It's time that the video game industry acted responsibly. It's time
to take a hard look at their ratings. We must support this legislation
on the floor today, and I urge all members to give their full support
to my bill, H.R. 1145, to have the FTC look at the ratings of all video
games.
Mr. WOLF. Mr. Speaker, with consideration of H. Res. 376, which
expressed the sense of the House of Representatives that the Federal
Trade Commission Should Investigate the Publication of the Video Game
``Grand Theft Auto: San Andreas'' to determine if the publisher
intentionally deceived the Entertainment Software Ratings Board to
avoid an ``Adults-Only'' rating, I would like to enter a recent article
from the Los Angeles Times into the Record. This article highlights the
conflict of interest that is inherent in a voluntary rating system. The
real question is: Can you trust this industry?
[From the Los Angeles Times, July 21, 2005]
Hidden Sex Scenes Spark Furor Over Video Game
(By Alex Pham)
The oversight board that puts parental ratings on video
games took the unusual step Wednesday of slapping its
strongest warning on a bestselling title as the game maker
admitted putting explicit, interactive sex scenes on the
disc.
Retailers began pulling copies of ``Grand Theft Auto: San
Andreas'' from their shelves after the Entertainment Software
Ratings Board revoked the game's ``Mature'' rating and raised
it to ``Adults Only.'' Publisher Take-Two Interactive
Software Inc. said it planned to rework ``San Andreas''--the
top-selling video game of 2004--and reissue it later this
year.
The ratings board is similar to the Motion Picture Assn. of
America's rating board. A ``Mature'' rating is analogous to
an R movie rating, and ``Adults Only'' is equivalent to NC-
17. Most retailers refuse to sell ``Adults Only'' games.
Executives at New York-based Take-Two had denied for weeks
that company programmers were responsible for the graphic sex
scenes, which can be unlocked with software that was widely
available on the Internet. But Wednesday they acknowledged
that the game's designers had created the scenes, dubbed
``Hot Coffee.''
``The editing of any game is a highly technical process,''
said Take-Two spokesman Rodney Walker. ``We liken it to a
painter who paints one painting and paints over it on the
same canvas.''
Walker's explanation did little to mollify critics, who
point to the ``Grand Theft Auto'' series to highlight the
issue of violence and sexuality in video games. The games
celebrate nihilistic killing, and Take-Two has reveled in its
image as the bad boy of a $25-billion global game industry
that's trying to gain respectability to match its profits.
``It looks like Take-Two Interactive purposefully conned
the video game industry rating board and parents across the
country,'' said Washington state Rep. Mary Lou Dickerson. ``
`San Andreas,' as a top-selling game in the country, now is
in the hands of thousands of children who can practice
interactive pornography. There should be legal consequences .
. . so [the company doesn't] laugh all the way to the bank.''
``San Andreas,'' which retails for about $50, has sold more
than 12 million copies worldwide since its launch in October.
``Mature'' rated games are intended for players older than
17. Many retailers keep such games under lock and key and
have policies requiring clerks to check the identification of
buyers.
Wal-Mart Stores Inc., which accounts for as much as 20% of
video game sales in the United States, began removing ``San
Andreas'' from its shelves Wednesday, as did Best Buy Co.
``Our policy is not to carry any adult titles on our
shelves,'' said Wal-Mart spokeswoman Karen Burk, who said
buyers ``can certainly bring the product back'' for a refund.
Take-Two said it would make a patch available for
downloading so that customers could block the sex scenes.
Word of the scenes began spreading over the Internet last
month after Dutch programmer Patrick Wildenbourg began
distributing software that he said unlocked them.
Many video games have secrets to which players gain access
as they progress. They might, for instance, win extra powers
or reach hidden levels.
``Hot Coffee,'' by contrast, is an interactive sex game,
featuring oral sex and intercourse.
Wildenbourg, who removed his software from the Internet on
Wednesday, declined to comment.
As late as last week, Take-Two had insisted that the sex
scenes were ``the work of a determined group of hackers who
have gone to significant trouble to alter scenes in the
official version of the game.'' Hackers, the company said,
created the scenes by ``disassembling and then combining,
recompiling and altering the game's code.''
The scenes prompted an outcry from game critics, including
Sen. Hillary Rodham Clinton (D-N.Y.), who last week called
for a federal investigation into ``Hot Coffee.''
The Entertainment Software Ratings Board began a review to
determine whether the scenes were part of the game's original
code and warranted a re-rating of ``San Andreas,'' versions
of which play on Sony Corp.'s PlayStation 2, Microsoft
Corp.'s Xbox and personal computers.
``After a thorough investigation, we have concluded that
sexually explicit material exists in a fully rendered,
unmodified form on the final discs of all three platform
versions of the game,'' said Patricia Vance, president of the
ratings board. ``Clearly the [original] rating was incorrect,
and it needed to be corrected.''
Take-Two's Walker said Wednesday that the sex scenes were
never meant to be seen by the public and that they were
revealed only when an outside programmer, called a
``modder,'' wrote software to unlock them.
``The mod community scratched the painting, revealing the
earlier work,'' he said.
Analysts estimated that modifying and remarketing ``San
Andreas'' would cost Take-Two about $40 million in lost
sales. Shares of Take-Two fell 11% in after-hours trading.
``It was a very poor exercise of judgment and a very costly
one,'' said Michael Pachter, a video game industry analyst at
Wedbush Morgan Securities in Los Angeles. ``It's an
embarrassment for management because obviously a maverick
developer in their studios decided to put this stuff in
there. I can only fault the management team for not putting
systems in place to vet their games.''
Take-Two is no stranger to controversy. Previous
installments of ``Grand Theft Auto'' have been adored by
hard-core gamers but excoriated by parent groups and
lawmakers for their depictions of violence and sex.
In one, players could have sex with a prostitute and then
beat her to death and take back their money. That game was
rated ``Mature'' because players did not see the sex.
Instead, they saw a parked car rock back and forth.
Some lawmakers criticized the ratings board for failing to
detect the sex scenes in its initial evaluation of
``San Andreas'' last year. Although the system is
voluntary, most game publishers seek a rating from the
organization, which evaluated more than 1,000 titles last
year.
``It should not have taken this long,'' said Rep. Joe Baca
(D-Rialto). ``This is evidence that the voluntary ratings
system does not work.''
Video game industry executives tried to assure parents that
the ``San Andreas'' incident was an anomaly.
The ratings board ``has been in business for 11 years, and
there has never yet been an incident of this kind,'' said
Doug Lowenstein, head of the Entertainment Software Assn.,
the industry's trade group. ``You're looking at well over
10,000 games rated. If you look at that track record, you can
say parents have every reason to be confident in the ratings
system.''
Some consumers weren't completely reassured.
``As a parent I've lost some confidence in the [ratings
board's] ability to police the industry,'' said Dennis
McCauley, editor of GamePolitics.com. ``But [the board] did
take a big step today, and I have to give them credit for
that.''
Mr. UPTON. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Kolbe). The question is on the motion
offered by the gentleman from Michigan (Mr. Upton) that the House
suspend the rules and agree to the resolution, H. Res. 376, as amended.
[[Page H6405]]
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. UPTON. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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