Since people want me to post more, I'm posting this which was already in my interweb journal, prior.
I believe that Rockstar ought to be let off the hook by the upcoming FTC business and that the existing stock may as well be left with the 'M' rating.
The only real reason that GTA:SA is being brought up by Hillary Clinton (ahahah centrist politics) is really, because it's popular. It's much easier to get a sex scene (without crappy blurry textures) out of a computer (OR POPULAR MOVIE!) than it is to get out of GTA. And hell, if you really see terrible polygon sex as such a bad thing, then Rockstar deserves a pat on the back for reconsidering putting that in in the final version, right?
Rockstar DID make the sex scenes, sure enough, but likewise, they changed their minds and kept it out of the final game. The gaming nerds on my friends list know this happens all the damn time (GameSharking cool shiz out of GoldenEye comes to mind). Holding the developer responsible for something you have actively tool around to get is a bit much.
Really, when you alter the game with a Gameshark or downloadable mod, it's not the same game anymore (sup nude patch DOAXVB/any PC game ever made crew), and it's pretty insane to rate a game on what it "could" contain after GameSharking it or modding it or taking it on a suicide crash flight into the internet tower. And even more insane to hold the developer responsible, especially since it violates the game software user agreement (I don't know if that's PC or console versions or both, but I'll take CNN's word for it).
The other half of the political drama, imposing fines on retailers, is not new but still a terrible idea. Google is littered with tons of these bills that were voted down or thrown out by the courts (suing anybody else for your kid filling some people with bullets is also always similarly thrown out). I think the political types only push these for the press anymore.
There's one big solid reason not to enforce ratings (as well as a bunch of others); ESRB ratings are not accurate. Nevermind the GTA:SA stuff; the difference between T and M is just arbitrary and random sometimes. My favorite example is the exact same game, Doom, getting different ratings between different ports, with the 'T' rated one probably being even more graphic (for old ass pixelated Doom, anyway).
I remember, I got carded once for buying N64 games rated 'M'. Of course, I was well over 18 at the time, but I still got a little weirded out. If I was 15 or 16 at the time, I would have been most unjustly deprived of Quake II or whatever crappy $9.99 game it was, even though I could have legally earned the taxable income myself and legally driven two tons of Detroit steel over to get it. The ESRB (lol) nor the feds should have that particular authority over teenagers, just my parents (who let me do as I pleased because I am well behaved!). Just having the ratings as they usually were, a loose guide to the content, was more than enough.
Rockstar themselves could have obviously handled this situation better, but I think I have a unique take on it. Really, I think they did no wrong (other than having crappy PR). The best course of action, rather than denial or freaking out and recalling games would have been just to do nothing. Maybe issuing the statements equivalent of "so what?" or their initial-initial statement, which I snagged from CNN:
Quote
But without referring to Clinton, the company said it was "disappointed by comments that misrepresent Grand Theft Auto, detracting from the innovative and artistic merits of the game."
"Unfortunately, the recent confusion only serves to suggest that games do not deserve the same treatment as other forms of creative expression," Rockstar said in its statement.
I love it! It's just so big-headed and smug and SASSY!
I really don't see how waffling and then being a pushover really helps their bottom line in this case. Remember how Vice City had the "KILL THE HAITIANS!" bit? Rockstar said "oops, we'll take that out." I don't think they ever did, though (it was in my XBox port) and people quit caring the week after the story. Laugh out loud! A similar, sassier, lazier approach could have worked just as well with the Hot Coffee bit (which unlike shooting Haitians, is not directly accessible, haw haw).
Actually, what I think would have been the most entertaining move would have been for Rockstar to drop the ESRB rating right off the box. I don't know if they could do that and keep their Sony/MS developer licenses, but if so, that would have been ballsy as hell and have shaken things up in the biz (in a good way).
Anymore, I'm usually content to post "lol" on IRC about these stupid stories rather than post about them on my SERIOUS INTERNET SITE, but now that even other game nerds thinking that ratings should be enforced by THA LAW, I am compelled to, I dunno, type a lot of words in opposition. I don't believe in slippery slope arguments, but I'm a little concerned that other game companies might be negatively influenced into holding back on their content if Rockstar actually gets into any serious hot water.