Bully's gay kiss gets legal lip service (Update 1)

Update 1: The Bully trial we've been following closely has taken a new twist. Here it is, straight from the horse's mouth: "It is my legal opinion that the sale of this game to minors, which is presently occurring at your stores in Florida, violates Florida’s 'Sexual Material Harmful to Minors Statute,' Florida Statute 847.102. Each such sale to a minor constitutes a separate felony." Think about that. If this arguement is won in court, the repercussions could be far reaching and serious. Do you think the Take-Two legal duo will be able to fend Jack off one more time? Hit the jump for the new letter and share your views in the comments. Our earlier coverage follows: In pro-gaming media, the gay kiss in Bully was a controversy that came and went with a few awkward chuckles (and much praise from GayGamer.net). The story was covered by everyone in mid October and was done with, filed into our archives to later reference in Top 10 gay moment lists of the future. But not so fast -- it just took the slower mainstream media to pick up on it. Two weeks later, the conservatives are reacting and the stage is set for the real controversy to begin. Like Yogi Berra never said: "It ain't over until a few judges tell Jack Thompson that it's over." Jack has tentatively accepted Destructoid's invitation to participate in a podcast discussion with us next week, so we may have a debate for you to listen in on. Check out last week's PodToid for a taste of what that will be like. All jokes aside, the issue does appear to be on the brink of explosion. GamePolitics is running a feature on how the gay kiss may have had a negative impact on sales. Reuters has published an in-depth feature exposing homophobic concerns from parents, questioned the business strategy of the mini game for not being advertised, and last but not least -- your favorite game lawyer Jack Thompson has filed a complaint with the Federal Trade Commission. He's also reamed the former Bully judge one more time for "missing the gay sex in the game". Whoa there -- are we talking gay sex (aka ass-pounding of the Hot Coffee variety) or gay kissing? I guess it depends who you're asking. Can somebody get Bill Clinton on the phone to clear up these sexual relations? Hit the jump for a few letters he's shared with us that you're not going to want to miss. If this is all new to you, track back to our on the scene coverage of the Bully hearings.

Update 1: The Florida Statute Felony letter

October 29, 2006 Paul Eibeler, CEO Entire Board of Directors Take-Two Interactive Software, Inc. 622 Broadway New York, New York 10012 C/o Blank Rome Law Firm R. Richard Fontaine Chairman of the Board, CEO GameStop Grapevine, Texas C/o Blank Rome Law Firm S. Robson Walton Chairman Wal-Mart Bentonville, Arkansas C/o Berger Singerman Law Firm Robert Ulrich, Chief Executive Officer Target Minneapolis, Minnesota Via Fax Brad Anderson, CEO Best Buy Company, Inc. C/o Elliot S. Kaplan Robins, Kaplan, Miller & Ciresi, LLP Minneapolis, Minnesota Via Fax Re: Gay Sex in Bully Video Game; Retail Sale of Sexual Material Harmful to Minors Gentlemen: It turns out that the school violence simulation game Bully also contains homosexual activity between the game’s hero, Jimmy Hopkins, and other male students. It is my legal opinion that the sale of this game to minors, which is presently occurring at your stores in Florida, violates Florida’s “Sexual Material Harmful to Minors Statute,” Florida Statute 847.102. Each such sale to a minor constitutes a separate felony. Such sales are occurring to children of all ages because of the game’s wholly inappropriate “Teen” rating, as opposed to the “Mature” rating it deserves. A recent Reuters story indicates that parental concern about this is growing, as reportage of this new video game industry scandal is making headlines today around the world. I already have pending a Florida lawsuit to stop the sale of Bully to minors, and now that we know that it contains not only high levels of unpunished violence but also homosexual acts the lawsuit will be amended to proceed against it and some of you who are defendants therein on these dual grounds. I suggest strongly that all of you cease and desist all such sales in the United States immediately. Neither the game’s maker, Take-Two, nor the Entertainment Software Rating Board, told you of this homosexual content, which constitutes a fraudulent and deceptive trade practice, in my opinion, on their parts, and I have alerted the Federal Trade Commission to this. However, now each of you knows, and from now on, from this minute forward, you are all on the hook. Regards, Jack Thompson Copy: Local and National Media

Illustration by GuComics.com October 29, 2006 Judge Ronald Friedman Dade County Courthouse 13th Floor 73 West Flagler Street Miami, Florida 33130 Re: Gay Sex in Bully Dear Judge Friedman: Because you violated your own order to review the game Bully “to its conclusion,” you missed the gay sex in the game. See attached letter to the FTC. I’m sure the voters are going to love that. Go ahead, Judge. File your Bar complaint. Make my day. Regards, Jack Thompson Copies: Defendants’ counsel Media Florida Judicial Qualifications Commission

LETTER TO THE FEDERAL TRADE COMMISSION

John B. Thompson, Attorney at Law 1172 South Dixie Hwy., Suite 111 Coral Gables, Florida 33146 October 29, 2006 Keith R. Fentonmiller Richard F. Kelly Bureau of Consumer Protection Federal Trade Commission 600 Pennsylvania Avenue, N.W. Washington, D.C. Re: Latest Fraudulent and Deceptive Trade Practices by Take-Two Interactive and the Entertainment Software Rating Board Dear Mr. Fentonmiller and Mr. Kelly: Well, they’ve done it again. It turns out, according to Reuters (see below article), that both Take-Two Interactive Software, Inc., and the Entertainment Software Rating Board (ESRB) knew of the gay sex in Take-Two’s Bully but did not disclose its presence to consumers. The entire justification of the ESRB system rests upon the assertion by the industry that it discloses fully and faithfully the content of video games to parents who can then make a decision to buy or not to buy based upon that decision. Here we have the latest proof that the entire ESRB rating system, manipulated by game developers, is a sham. It is not the least bit necessary for either side in this dispute to win the argument as to whether gay sex is normal or abnormal, acceptable or unacceptable. What is necessary is that the Federal Trade Commission do something to make the point that parents have a right to make that call for their own children and not to be blindsided by a negligent ESRB or by a too-clever Take-Two who think that they have some sort of right to use stealth tactics to raise these parents’ children for them and behind their backs. Please advise that the FTC is going to proceed on this latest fraud and deception by Take-Two and by the ESRB, now that we know, per the below, that the ESRB knew all about this deception and then decided to participate in it. Regards, Jack Thompson NEWS.COM - REUTERS ARTICLE

Gamemaker courts new controversy--boys kissing

Teen character in "Bully" can smooch boys as well as girls at his new boarding school, and not everyone's happy about that. Published: October 28, 2006, 6:00 AM PDT The video game maker that sparked uproar over a hidden sex scene in "Grand Theft Auto: San Andreas" is courting new controversy with its latest schoolyard title "Bully"--featuring boys kissing. That sexual twist came to light only after Take-Two Interactive Software released the "Teen"-rated game on Oct. 17, having weathered protests from anti violence advocates who tried unsuccessfully to block its sale to minors. "Bully" stars 15-year-old Jimmy Hopkins, who must navigate cliques, fights and young love at his new boarding school, along the way winning brawls, completing missions and plying girls with candy and flowers in exchange for kisses. But Jimmy can also use the same approach with boys. When Jimmy approaches a tall, blond boy with some flowers, the boy replies, "I'm hot. You're hot. Let's make out." Gay video game enthusiasts have embraced "Bully," which was was the U.S.'s third top-selling game in the week ending Oct. 27, according to figures from UBS. "Progress!" wrote one reader of Gaygamer.net, who applauded the move by Take-Two's Rockstar Games studio. "Hot Gay Coffee," quipped another on the same site, referring to the controversial "Grand Theft Auto: San Andreas" sex scene that was dubbed "Hot Coffee." Others, however, were not so enthusiastic. "I can't have my kids playing this game. This is morally reprehensible. GTA (Grand Theft Auto) is a real man's game, Bully is a disgrace," wrote a poster using the handle spideRRR on GameSpot.com (which is owned by CNET Networks, publisher of CNET News.com). Risky move by Take-Two? The inclusion of the explicit sex scene in "Grand Theft Auto: San Andreas" also had some parents, along with regulators and lawmakers, fuming. Take-Two was forced to pull that game from store shelves at the cost of millions of dollars to the company because it had not disclosed the existence of the scene. The "Grand Theft Auto" series has reaped revenue in excess of $1.5 billion, around 30 percent of Take-Two's sales in the period since the first game's debut in 2001, said Michael Pachter, a video game analyst at Wedbush Morgan Securities. In "Bully," the controversial scene was not hidden, but it also was not advertised to consumers. The video game industry rating board considered the boy-kissing-boy scenes in "Bully" before assigning it a "Teen" rating, spokesman Eliot Mizrachi said. A spokesman for Rockstar declined comment. Brenda Brathwaite, a professor at Savannah College of Art & Design and author of "Sex in Video Games," said gay, lesbian, bi-sexual or transgendered characters are "more and more the norm" on television and that Rockstar is in the vanguard of game makers to include this type of content. Most video games target a young male audience and focus on shooting, racing or sports. Same-sex displays of affection are largely unexplored, although they are possible in Electronic Arts' popular "Sims" titles and in online games like "Second Life." "It's symbolic that the diversity that's appearing in broader media is making its way to games in a way that's not insulting or necessarily sensationalistic," said Brathwaite. But Pachter, the analyst, said considering the baggage Take-Two brings to the table after "San Andreas," introducing a homosexual aspect to "Bully" was an unnecessary risk for the company to take. "It doesn't glorify anything...Do I think that many parents would have a problem with their kids seeing it? Yes." [Via Reuters]

What's next?

Destructoid will be keeping a close eye on the story. What do you think -- could the game possibly get an ESRB rating change of the Oblivion Elder Scrolls IV kind or will this blow over? I'm not sure what to think. Florida isn't part of the Bible Belt ... but it's not that far off either.

Live show: Chill Bros play Conduit 2 pre-release @ 3PST

Sundays with Sagat: Guest Starring Birdie

Go into a vagina for the first time in this Xbox 360 game

Former executive condemns EA and its 'bankrupt' strategy

More gaming stories around the web. Got news? Submit yours to tips@destructoid.com

C-Blog | Twitter | Facebook