Rockstar has swiftly moved to protect itself, denying that the pornographic mini-games made available with the mod are actually a part of the game. The game is currently rated M (Mature) in the US, but last week the ratings board came under fire from Californian assemblyman Leland Yee, who accused the board of 'failing parents' after news of the 'Hot Coffee' mod broke. And, despite Rockstar's protestations, the ERSB have responded to Yee's claims, launching an investigation into the mod. It could all result in San Andreas being granted a rarer-than-rare AO (Adults Only) rating.
'The integrity of the ESRB rating system is founded on the trust of consumers who increasingly depend on it to provide complete and accurate information about what's in a game,' said ESRB president Patricia Vance in a statement. 'If after a thorough and objective investigation of all the relevant facts surrounding this modification, we determine a violation of our rules has occurred, we will take appropriate action.'
For it's part, Rockstar insists that 'the work of the mod community is beyond the scope of either publishers or the ESRB', and also agues that the 'Hot Coffee' code is not included on the GTA game discs. Yet in a revelation that further muddies the waters of truth (very dramatic - Ed) the author of the mod says that his modification merely unlocks an unfinished mini-game already present in the code.
However, who's telling the truth may be a pointless dispute, because as long as there's no way of accessing the mini-game in unmodified copies of the title, it seems as though Rockstar will probably (though not definitely yet) escape punishment.
More news as it breaks.

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