NEW YORK (CN) – Buyers of “Grand Theft Auto: San Andreas” who were offended by hidden sex scenes hit a roadblock in settling their lawsuit with game maker Take-Two and its subsidiary, Rockstar. U.S. District Judge Shirley Kram decertified the settlement class on the basis that “common issues do not predominate over individualized issues.”
“Grand Theft” buyers sued the video-game makers in 2005, claiming “Grand Theft Auto: San Andreas” failed to warn buyers that the game contained a “sex minigame,” or a game-within-a-game that allowed players to control the protagonist’s movements as he engaged in various sex acts.
The racy feature prompted the Entertainment Software Ratings Board to change the game’s rating from “M” for “Mature” to “AO” for “Adults Only.”
After substantial negotiations, the parties reached a settlement on Nov. 19, 2007. The defendants agreed to pay at least $1.025 million but no more than $2.75 million, or about $5 to $35 per offended buyer, depending on the quality of proof of purchase they could provide.