Take-Two has dismissed its lawsuit against GTA modders

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Prior to the launch of Grand Theft Auto: The Trilogy - The Definitive Edition, a group of 14 modders and developers released fan projects that sought to be the definitive modern way to play Grand Theft Auto 3 and Grand Theft Auto: Vice City. Titled re3 and reVC respectively, the releases both featured reverse-engineered code, and were huge hits within the homebrew community, with developers even porting the games to the Nintendo Switch and PlayStation Vita. GTA series publisher Take-Two however, who was currently working on their own official remaster of 3, Vice City, and San Andreas, decided to issue a takedown to the re3 and reVC GitHub pages.

From there, the modders fought back against the takedown, telling GitHub that Take-Two was mistaken in its claims. This lead to Take-Two taking legal action, and suing the 14 individuals involved with the project--four named defendants and ten unknown "John Does". After months of ongoing dispute in court, and a report of a possible settlement being agreed upon, both sides have suddenly decided to dismiss the lawsuit.

In accordance with Federal Rule of Civil Procedure 41(a)(1)(A)(ii), by and between the undersigned counsel for the Plaintiff, Take Two Interactive Software, Inc., and counsel for Defendants Angelo Papenhoff, Theo Morra, Eray Orçunus, and Adrian Graber (“Named Defendants”), that all claims asserted in the above-referenced action against the Named Defendants are dismissed with prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), with each party to bear its own costs, expenses and attorneys’ fees. The remaining Defendants are not dismissed by this Stipulation.

Interestingly, it is noted in the legal document that the dismissal of Take-Two's claim against the modders only applies to the named defendants. While those four are safe from further legal troubles regarding the case, the other ten individuals could face action should Take-Two decide to file again.

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RichardTheKing

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Think about how cool it would be if Take-Two could do a remaster and not be outdone by people who'd do it for free.

For those who are wondering, the terms of the NDS was for the poor people to have "Take-Two" inscribed on their nutsacks.
Take-Two branded testicles? I don't think that would've been good PR for the company; it would've made them look like a dick, for having the balls to demand this.
 

FAST6191

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I was hoping for something to go all the way and I could find out my ROM hacking hobby was highly illegal all along but usual puss out and nda.
I am curious why they dropped it though; it was about as clear cut a case of non clean room reverse engineering as you could hope to get (literal video footage of them doing the deed and narrating it as they went), I can't imagine they care overly much about the PR, I doubt they would be worried about a bad precedent (this not even being an edge case with new and untested tech with laws further behind) and money to fund this is a pittance while GTA online is making all the monies.
 

GaryOderNichts

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Interestingly, it is noted in the legal document that the dismissal of Take-Two's claim against the modders only applies to the named defendants. While those four are safe from further legal troubles regarding the case, the other ten individuals could face action should Take-Two decide to file again.
Note that there's a second document filed next to the other one which dismisses the unnamed defendants without prejudice:
TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE Plaintiff, Take Two Interactive Software, Inc., hereby
voluntarily dismisses Defendants Doe 1 a/k/a ASH R. and ASH_735 and Does 2-10, without
prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i).

:arrow: Source
 

smf

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I was hoping for something to go all the way and I could find out my ROM hacking hobby was highly illegal all along but usual puss out and nda.
I am curious why they dropped it though; it was about as clear cut a case of non clean room reverse engineering as you could hope to get (literal video footage of them doing the deed and narrating it as they went), I can't imagine they care overly much about the PR, I doubt they would be worried about a bad precedent (this not even being an edge case with new and untested tech with laws further behind) and money to fund this is a pittance while GTA online is making all the monies.
I agree. I am truly disappointed that this case didn't go to trial.

The fact that the defendants settled and take 2 are still pursuing the unnamed john does, who for obvious reasons have not been able to enter into an out of court settlement.

https://www.gamesradar.com/gta-owne...ngineering-project-before-case-reaches-court/

Makes me believe take 2 got what they wanted & the defendants didn't have a case.

Interestingly, it is noted in the legal document that the dismissal of Take-Two's claim against the modders only applies to the named defendants. While those four are safe from further legal troubles regarding the case, the other ten individuals could face action should Take-Two decide to file again.
They aren't safe from further legal troubles, as part of the settlement the defendants will have signed a contract with take two. If they break that contract then take two will have a far easier time as they won't have to prove that reverse engineering and publishing the source code is illegal, they will only need to show that the defendants broke the contract.

You appear to think take two gave up, they didn't. They won.
 
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