"Take Two Interactive initially said the scenes were not part of the retail version of the game but later admitted they were. "
This admission will cost them.
In what way? All they did was acknowledge that the Hot Coffee mod unlocks code that's otherwise inaccessible.
I'm so tired of hearing about this crap...
I guess the closest analogy I can come up with is this. Many DVDs come with "Easter Eggs." Which are little undocumented featurettes that play when you enter certain combinations of buttons on a remote. Imagine if you bought a DVD that was rated PG-13, but had an "Easter Egg" that brought up a porn scene. Should the studio then be liable?