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Take-Two Sues Enthusiasts Behind GTA Fan Projects Re3 and ReVC

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Re: Take-Two Sues Enthusiasts Behind GTA Fan Projects Re3 and ReVC

#91
post #7

Probably someone in the upper management of take-two had the idea of downsizing their legal department. That department have decided to demonstrate how incredibly useful they are, by suing a few people from Germany, New Zealand, Turkey, and United Kingdom. > Defendants are well aware that they do not possess the right to copy, adapt, or distribute derivative GTA source code, or the audiovisual elements of the Games,…

> pretty sure everything they did was 100% legal in their jurisdictions.

Probably not, but they also uploaded the reverse-engineered source code and binaries to Github in the United States. They then filed DMCA counter-notices, which opens them up to personal jurisdiction in federal district court in the U.S., per 17 USC 512(g)(3)(D). [0].

[0] https://www.law.cornell.edu/uscode/text/17/512

Re: Take-Two Sues Enthusiasts Behind GTA Fan Projects Re3 and ReVC

#92

Earlier quoted context omitted.

I think people are hung up here on the question of whether reverse engineering is legal or whether it is considered fair use to reverse engineer something. However, I don't think that's the relevant question. The question here is whether you are allowed to publish the results of your reverse engineering and decompilation efforts on GitHub. In this case, the answer seems like a very clear and obvious "no". 1. It's a d…

Interesting points! I am not sure which is right, or legal, but there seem to be grey zones, yet. > Another red herring here... it is irrelevant how superficially close this is to the original source code. It wasn't until Apple vs. Franklin that object code became copyrightable, prior to that the USPTO held the analogy of "design drawings vs. actual bridge" as the relation of "source vs. object code", and as far as I…

> I do think this nicely embodies the difficulty of dealing with IP vs. actual, tangible things, though. With the car or bridge analogs, copyright would not prevent anyone from replicating them, but it would be patents and trademarks that put restrictions on how and what can be reproduced, instead of the much stronger restrictions of copyright on software.

Photographs of artwork such as paintings or statues are routinely seen to be infringements of the original work. So it is not unique to software. There are lots of demarcations and corner cases for this... for example, if you install your statue in public, you no longer have grounds to sue people for photographing it. If the statue is a minor part of a photograph, then it's not infringement.

Same applies to software. This is well-tread ground, by this point. People have been reverse engineering and copying software for a long time.

> Now, a binary has elements of literal nature that copyright protects, but a decompilation results in a completely different information stream, so that seems like a non issue.

Copyright protects original works of authorship. There is nothing in copyright law that talks about something's "literal nature" or different "information streams". For example, if I write a song, I am still the author of the song even when that song is performed--even though that requires a significant amount of interpretation, transformation, and creativity on the part of the musicians. I am still the author.

Likewise, if I write a book about a character named Jean-Luc Picard, who is the bald captain of a captain of a spaceship in my made-up universe, Paramount has grounds to sue for copyright infringement.

Copyright law talks mostly about very ordinary terms like authorship. Authorship survives all sorts of transformations... not infinitely so, but neither decompilation nor refactoring will change who the author of a program is.

Re: Take-Two Sues Enthusiasts Behind GTA Fan Projects Re3 and ReVC

#93

Earlier quoted context omitted.

Isnt part of the issue here copyright law? If they don't shut down things like this then eventually one of them grows large enough that it does start making money, ends up in court with Take-Two, and the judge could say that GTA copyright doesnt hold up since they failed to protect their copyright when they knew there were many people infringing on it. I don't support this action by Take-Two but I think this is more…

Why don’t they approach the creators and license the franchise while still preserving their rights? Seems like this is the best of both worlds?

Is it very likely that a project, I'm assuming no one works on this full time or at least gets paid to work on it full time, could afford to license a major franchise from a larger company?
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