Back in 2005 it was discovered that Grand Theft Auto: San Andreas contained a explicit mini game which became known as the Hot Coffee game. Take-Two has agreed to allow customers to exchange the copies containing the mini game, which are currently rated AO by the ESRB, for the M-rated versions which do not along with paying a 35 dollar cash payment if a proof of purchase is presented during trade in. This service will also include a 1million dollar settlement fee not including the fees incurred by the plaintiff which Take-Two will also be footing the bill for. There are stipulations that Take-Two has laid down for a customer to be eligible for for a return. They are as follows: the costumer must have “(a) bought a copy of Grand Theft Auto: San Andreas before July 20, 2005; (b) were offended and upset by the ability of consumers to modify and alter the game’s content using the third-party Hot Coffee modification; (c ) would not have bought the game had they known that consumers could modify and alter the game’s content using the third-party Hot Coffee modification; and (d) would have returned the game, upon learning the game could be modified and altered, if they thought this possible."

Take-Two CEO was recorded as saying that “If the case had continued, we believe the court would have agreed that Take-Two was not liable for consumers acting independently to modify their games with third-party hardware and software to access normally inaccessible content” but was of the opinion that “Nonetheless, we believe it is in the best interest of the Company to avoid protracted and costly litigation to prove our case and to finally put this matter behind us.”

If the settlement is approved by the court neither Take-Two nor Rockstar will be admitting any wrongdoing in this matter.