Mashing said:
Despite everything that has been said here discussed here, R* knew the sex minigame (and if they weren't they're still reponsibile, ignorance is no excuse) and they knew that it would probably bump the rating up to AO so they choose to hide it from the ESRB. That's what I have a problem with, just imagine how some parents would feel if they bought their kids an M rated game that has AO content in it? Do you think they are going to care if it's only accessible via a hack? Absolutely not. I also must say how I feel the ESRB currently does not have any real authority, if they need to go after R* vigriously so they can ultimately get more authority when it comes to game ratings and it's enforcement, then I'm all for it. I really feel M rated games (or any rating for that matter) should only be sold only to the people of the required age. As it stands retail outlets and whatnot don't give two shits because there is no enforncement of such ratings.
Let's say we want to make a future Eyetoy game. Now, this Eyetoy game would take your picture and map it to the face of a character online and blah blah blah. Now the coders know some gamers will take pics of their cock and put it on a face, and thus make the game unplayable/banned to kids. Well, to circumvent this, let's say the devs have implemented a picture filter that filters out all sexual imagery. In order to do so, they have implemented pics of sexual imagery in their code that is NEVER meant to be seen by the end-user. It's not accessible with any code or whatever, it's just there as a means to help filter out potential perverts. So the final game gets an E rating, b/c there's no way anyone can post pics of their privates on there.
NOW, let's say Hacker X comes along and writes a program that unlocks these sexual images that were originally meant to be used to prevent such imagery from ever being shown. What do you do then? The images are in the code, but they were never meant to be playable, and were pretty much hidden away. Does the dev need to reveal this info? I don't see why. If it's a proprietary function they wrote, they'd want to make sure none of their competitors could copy it, and the ESRB is not exactly Fort Knox. There's no telling who at the ESRB would sell their secrets to the highest bidder, right? So the company has a legit reason to want to protect that info. But once the program is dloaded from Hacker X's site, now there's a way to view all this sexual imagery in an E-rated game.
The problem is not the dev IMO, it's Hacker X. He's the one who created SEPERATE PIECE OF SOFTWARE (that's the key) to unlock this content. Hacker X should get an ESRB rating for his software, not the dev. I think this is a strawman here. They're trying to make a big deal out of something that is only accessible through the use of a secondary piece of software. The primary software (GTA:SA) is not at fault, eventhough it contained the offensive material. As long as the primary software contains no way of unlocking the offensive material by itself, then R* should be in the clear IMO.
This is my common sense argument, though, and has no root in the legal system. I just hope the ESRB can't hold R* accountable, b/c I think it's a slippery slope. Devs should have a right to protect their intellectual properties, especially from a worthless advisory board like the ESRB. I'd have to see the exact wording of the ESRB contract to know if they are right or wrong though. And since that's unknown, we'll just have to wait for this whole thing to play out. But if I didn't say it already, fuck the ESRB. PEACE.