I've got a copy, and I'm sure I could dig up my receipt somewhere. Am I going to return it for cash? No.
I'm so perverse that I bother to install something like Hot Coffee, and I also don't personally thing Rockstar should be blamed for people hacking the game. It's like Someone hacking their copy of Windows only to find that they've opened up a backdoor that lets their computer be exploited and then trying to sue M$.
That was an awful analogy....
Rockstar coded it, and left it in. It's they're fault and they're responsibility for not removing it.
While it may seem 'silly' that people would sue over this, and we question their motives, by law they have a right to do so.
Customers entered a voluntary contract with Rockstar games, to provide a game that meets a particular rating, in this case it's "M" correct? If the court can determine that the content of the 'hot coffee' scene(s) exceeds that of "M" rating, then that contract between Rockstar and their consumers has been broken, negated, voided, neglected etc. by Rockstar.
They are responsible for the content and for the marketing.
The ESRB should also be responsible, even though they may be able to claim ignorance.
Personally, I like seeing this. I don't condone wreckless use of litigation, but, the concept of a large company of this caliber, having to give in to a normal consumer because of a contract dispute, is refreshing, as opposed to yet another company squashing an individual or group of individuals because they can with their big-wig lawyers and corporate domination - money bleeding approach.
And to loop back to Jim's comment/comparison concerning Microsoft: had something similar happened to Microsoft, say the findings of two anime chicks having sex in a 3d modelling program that Microsoft built or 'packaged' with Vista, people would be up in arms.
On principle alone it's unacceptable and inappropriate, but they'd be raving mad just because they're anti-MS, not pro morals or ethics.
Motivation is a key player, but law is law; break it and pay the consequences.
