October 20, 2003 (GTA III): The families of two victims shot by William and Josh Buckner, aged 16 and 14 years old, file a $246 million lawsuit against publishers Rockstar Games and Take Two Interactive, retailer Wal-Mart, and PlayStation 2 manufacturer Sony Computer Entertainment America. The boys had fired at vehicles on the highway with a .22 rifle, supposedly acting out a scene from their favorite video game, GTA III. Rockstar and Take Two file for a dismissal of the lawsuit nine days later, claiming First Amendment protection, and within two days, the plaintiffs’ attorney, Jack Thompson, takes the suit off the table. Seems like the plaintiffs were just looking for easy money.
November 2003 (GTA: Vice City): Haitian and Cuban anti-defamation groups protest the game’s racial stereotypes in front of New York’s City Hall and Rockstar’s Manhattan offices. The Haitian American Grassroots Coalition takes particular offense to the line “Kill the Haitian d*ckheads,” which pops up during an altercation between the game’s first person player and a Haitian gang. After threatening legal action, Rockstar removes the word “Haitian” from this line in the subtitles.
February 15, 2005 (GTA III; GTA: Vice City): A lawsuit claims that GTA caused teenager Devin Moore to fatally shoot two police officers and a dispatcher after he was apprehended on suspicion of stealing an automobile. Upon capture, Moore famously commented “”Life is a video game. You’ve got to die sometime.” His attorney, Jack Thompson (from the 2003 GTA III suit), had lost Moore’s criminal trial (he was convicted of 1st degree murder), and the civil suit is still awaiting trial. Rockstar, Take Two, Sony Computer Entertainment, and both Wal-Mart and Gamestop (where Moore purchased his GTA games) are also named in the suit. Lots of money, once again, is sitting on the table.
July 27, 2005 (GTA: San Andreas): An 85 year old grandmother sues GTA’s Take Two after learning about the sex mini-games, or “hot coffee” content, hidden in the M (Mature) rated title’s code. The grandmother, Florence Cohen, had purchased the game for her 14 year old grandson. A class action lawsuit soon develops, supported by a formal complaint from the FTC, which isn’t finally settled until November of 2007. The settlement essentially gives away up to $35.00 to anyone who was officially “offended and upset” by the ability to unlock the game’s hidden, sexual content. To claim compensation, gamers can visit this somewhat amusing site, put up by Rockstar under court mandate. Let’s hope all the emotionally-scarred saved their receipts.
September 25, 2006 (GTA: Vice City): Jack Thompson files another suit against Take Two, Rockstar, and Sony Corp, this time alleging that 14 year old Cody Posey killed his father, stepmother, and stepsister due to his obsession with GTA: Vice City. Posey was already found guilty of murder in his criminal trial, in which his attorneys laid blame on depression and his father’s physical abuse. Thompson’s $600 million suit is first dismissed in December 2007 on the grounds that a) the state (New Mexico) has no jurisdiction since neither Take Two nor Sony hold offices there and b) the wrongful death claim holds no basis in state laws. It is later dismissed in May 2008 at a New Mexico appeals court because Thompson had exceeded the 30 day appeal deadline.
August 2007 (GTA: Bully): Pre-empting the release of Bully, attorney Jack Thompson sends Rockstar letters that demand a pre-release copy of the game for his own review - in order to “determine whether it still poses a threat of copycat violence in our schools.” Upon receiving no response, Thompson files a complaint with the Miami-Dade Circuit Court that uses Florida’s nuisance law (Florida Statute 823.01) as his basis. A Miami Judge rules against Thompson’s desire to block sales of Bully, and after a spree of angry comments that flirt with contempt of court, Thompson agrees with Take Two (Rockstar’s parent) to drop his case. He also agrees to make all future contract with Take Two through their attorneys. Um, yeah, by this point, he’s probably not their favorite customer.
As these highlights suggest, GTA’s relationship with the law is well, a bit ridiculous at times - fueled more by political and financial motivations than substantiated, legal claims. America is indeed a litigious and relatively politically-correct society. And so, it’s not surprising that a revolutionary video game, one that pushes envelopes of violence, race, and urban realism, is continually met with legal resistance.
Money is also a critical factor - as attorney Jack Thompson made a name for himself as an anti-violence activist, it’s noteworthy that he never attacked those gun manufacturers which put weapons in the underage assailants’ hands. Not only is the gun lobby somewhat sacred in our society, but their pockets are nowhere as deep as those belonging to the video gaming and entertainment industries. Thompson, in short, is not as righteous as he’d like the public to believe. Here’s an amusing quote directly from his website: “Jack is one of the foremost proponents of the ‘Video Games Made Me Do It’ defense, which has so far failed to convince any judges.”
Of course, despite all the legal headaches along the way, GTA has reaped tremendous success, both critical and financial. And what’s more - their legal controversies have played nicely into their hardcore brand image, which undoubtedly bolsters sales.
At this point, my time is consumed by playing GTA IV, and I’m tremendously excited for any future GTA installments. But I’m equally curious about their inevitable, upcoming legal hurdles… Should be interesting.
