<p>The change in ratings will mean a smaller audience which means less profit.</p>
<p>I think it can be hard to argue that Rockstar should be sued because of hidden game data that can only be accessed through a mod. Someone viewing the nudity would only be doing so if they took the time to download the mod, on their own accord, in the first place. </p>
<p>Not only that, but using mods on such games void a lot of things legally. It's like asking for a refund on your ipod because it didn't happen to withstand the weight of your car as you drove over it. I'm sure that the legal terms binding the game apply when it is played standalone, or "as is", without any sort of external programs, mods, etc. The only reason against this is that the questionable material is already existent on the game. It's not like a mod some kid made to turn every sprite naked -- the material's already there, but inaccessable if the game is played "as is." </p>
<p>Now, by buying this game, you are indeed buying that porn. Just because you can't access it "as is" doesn't mean it's not there. It's like buying a house that someone was murdered in, but not knowing about the murder because the bloodstains were painted over. Sure, the house may function fine in this state of ignorance, but the fact remains: the blood is still there. The question now: Does it harm anyone? Does it only cause harm to those that seek it? Should the buyer be informed?</p>
<p>The only way I can see this affecting those who play the game "as is" is that the porn takes up memory that could have been spent on better in-game features. But then again, a lack of memory is no reason to harshen a game rating: "Rating: NMM: No More Memory aka We Ran Out of Fscking Room Blowing it All on Pron". Even so, I would bet the amount of memory needed for the porn was negligable.</p>
<p>This whole case, to me, sounds like you could sue drug companies because the drugs do bad things to you when you introduce alcohol into your system despite the fact that there are warnings advising against this. Much like the game's creators, who wish for the game to be played "as is" without external influences that can unlock potential functionalities not intended to be a part of the final product.</p>
<p>However, this information must be disclosed. Meaning, the customer should know what they are buying -- porn included. If there is porn included, then the rating should be harshened. If the game creators don't want such a harsh rating, they should not include material that will warrant one -- especially if it will decrease their profits to such a great extent just so that a few mod-happy fellows get to enjoy some pixel-porn. It was a foolish move on Rockstar's part, but hopefully this will set an example for future product-developers considering utilization of similar loopholes. One of the main issues here is allowing underage people access to just about anything (regardless of the legal bindings) a developer stuffs in a game by use of external programs. Videogamerx2's post above hits this point right on the head.</p>