Back in February 19th, 2021, Take-Two sent DMCA notices to the reverse engineered projects re3 and reVC, (hosted on GitHub). After the takedowns, the project leaders filed a counter-claim, effectively restoring the projects and their whole repositories.
Today, September 2nd, 2021, Take-Two has taken legal action in the state of California, USA, claiming the projects and whole repositories are infringing on the copyrights of their games, Grad Theft Auto III & Grand Theft Auto: Vice City.
Not only is Take-Two suing the main repositories, but also against forks and derivative work (and the devs behind them) that sent the counter-claim back in February, like the PS Vita & Nintendo Switch forks.
The resolution of this case might be one of the biggest legal battles of recent years in terms of gaming, homebrew, hacking and reverse engineering, as other projects that have flourished under reverse engineered premises could be affected in the event of Take-Two winning the case.
The first claim is about distributing "code derived from reverse engineering shipped machine code".
For example, quoted from the complaint:
28. Papenhoff has admitted that the source code developed via the re3 and reVC
projects is not original, but rather is (and was intended to be) a copy of the original. In fact,
Defendants have bragged that their derivative source code was created by working backwards
from Take-Two’s final “machine” code to re-create the human-readable code in which GTA was
programmed:
“GTA 3 and Vice City were originally written in [programming
language] C++ . . . The compiled executables that are shipped are in
machine code. So the general task is to go from machine code back to
C++. . . . To go back to C++ is by no means a simple 1:1 mapping, but
over the last 10 or so years decompilers have appeared that help with this
process. . . . So what we typically do is work with the output of the
decompiler and massage it back into readable C++.” Id.
On which they specifically hold the copyright to. Appended as a fact:
20. Take-Two is the owner of valid registered copyrights in the Games, including PA
1-151-010 and PA 1-151-011. Take-Two’s exclusive rights in the Games include the rights to
reproduce, distribute, publicly perform, and adapt the Games, including by creating derivative
versions, and versions of the Games that run on new platforms or technologies (sometimes
referred to as “ports.”).
But they also mention, original assets being distributed:
"but also contain Take-Two’s
original digital content such as text, character dialog, and certain game assets"
23. According to Defendants, the re3 GitHub Repositories purportedly contain “the
fully reversed source code for GTA III... and GTA [Vice City].” More specifically, via the re3
GitHub Repositories, Defendants are distributing to the public dozens, if not hundreds, of
derivative source code files for the Games. These source code files not only contain the derivative
software code that enables the Games to run on a player’s computer, but also contain Take-Two’s
original digital content such as text, character dialog, and certain game assets. Additionally, the
re3 GitHub Repositories include links to locations where members of the public can download a
complete, installable build of the re3 and reVC software.
The second claim is specifically against the users filing a counter notice against the DMCA notice and takedown done earlier.
Wanting $150.000 per game plus all other expanses paid for, all the derived work handed over and stop the work on Liberty City Stories.
Quite curious how this ends. The community better start raising some funds i guess.
This is a clear copyright violation, completely separate from Bleem (which is therefore off topic from this discussion). Emulating a PlayStation to run original CD's and reverse engineering and publishing copyrighted material from a game to allow it to run is legally very different.
Ideas expressed in the origjnal source code are copyright and they are copied with permission into the binary and re3 copied them into the reverse engineered source code.
re3 already admit to it, so the case will just be arguing over whether long standing copyright law is valid.
The first claim is about distributing "code derived from reverse engineering shipped machine code".
For example, quoted from the complaint:
28. Papenhoff has admitted that the source code developed via the re3 and reVC
projects is not original, but rather is (and was intended to be) a copy of the original. In fact,
Defendants have bragged that their derivative source code was created by working backwards
from Take-Two’s final “machine” code to re-create the human-readable code in which GTA was
programmed:
“GTA 3 and Vice City were originally written in [programming
language] C++ . . . The compiled executables that are shipped are in
machine code. So the general task is to go from machine code back to
C++. . . . To go back to C++ is by no means a simple 1:1 mapping, but
over the last 10 or so years decompilers have appeared that help with this
process. . . . So what we typically do is work with the output of the
decompiler and massage it back into readable C++.” Id.
On which they specifically hold the copyright to. Appended as a fact:
20. Take-Two is the owner of valid registered copyrights in the Games, including PA
1-151-010 and PA 1-151-011. Take-Two’s exclusive rights in the Games include the rights to
reproduce, distribute, publicly perform, and adapt the Games, including by creating derivative
versions, and versions of the Games that run on new platforms or technologies (sometimes
referred to as “ports.”).
But they also mention, original assets being distributed:
23. According to Defendants, the re3 GitHub Repositories purportedly contain “the
fully reversed source code for GTA III... and GTA [Vice City].” More specifically, via the re3
GitHub Repositories, Defendants are distributing to the public dozens, if not hundreds, of
derivative source code files for the Games. These source code files not only contain the derivative
software code that enables the Games to run on a player’s computer, but also contain Take-Two’s
original digital content such as text, character dialog, and certain game assets. Additionally, the
re3 GitHub Repositories include links to locations where members of the public can download a
complete, installable build of the re3 and reVC software.
The second claim is specifically against the users filing a counter notice against the DMCA notice and takedown done earlier.
Wanting $150.000 per game plus all other expanses paid for, all the derived work handed over and stop the work on Liberty City Stories.
Quite curious how this ends. The community better start raising some funds i guess.
Well if original assets are used. That's a big nono.
However, I have a hard time seeing that decompiling it and making a working engine out of it, is actually illegal. As I said it's kind of how the emulators worked. They decompiled them and reversed engineered it. It's even emulating hardware. So it's even a bigger nono originally right?
Take-Two’s exclusive rights in the Games include the rights to
reproduce, distribute, publicly perform, and adapt the Games, including by creating derivative
versions, and versions of the Games that run on new platforms or technologies (sometimes
referred to as “ports.”)
It's not. Emulators pretend to be hardware, so the game executable is just the copy that you have legally bought which was licensed by the copyright holder. They can't force you what you can do with the copy you purchased, but they can legally prevent you from making additional copies and distributing them (this is what the copyright is, a right to control copies)
Reverse engineering an executable has made a copy of it and distributed it, in a modified form but that is still covered & without permission.
In countries that allow reverse engineering for interoperability, you aren't allowed to distribute any of the copyright information that you obtained. You can only use it to create your own work, which could be an emulator or something that communicates with the software (as long as it doesn't violate the DMCA/EUCD/etc).
The game code is protected by copyright law just as much as any artwork.
If they had reverse engineered it and published a specification for others to implement then any engine that was created would be free of any copyright issues (software patents/DMCA/etc however might be a problem). But from what they wrote on github, that isn't what they did.
It's not. Emulators pretend to be hardware, so the game executable is just the copy that you have legally bought which was licensed by the copyright holder. They can't force you what you can do with it, but they can prevent you from making additional copies and distributing them (this is what the copyright is, a right to control copies)
Reverse engineering an executable has made a copy of it and distributed it, in a modified form but that is still covered & without permission.
The game code is protected by copyright law just as much as any artwork.
You still need to own the GTA games to play them on the RE engines.
Now I don't know 100% HOW the code is dumped, written, adapted. But if it's as I suspect, written from scratch. Just dumped and written. It's more or less as an emulator, but for this specific game.
It's not. Emulators pretend to be hardware, so the game executable is just the copy that you have legally bought which was licensed by the copyright holder. They can't force you what you can do with the copy you purchased, but they can legally prevent you from making additional copies and distributing them (this is what the copyright is, a right to control copies)
PS2 iso and android apk data still floating around. Cracked PC version also available readily I believe. Honestly, only GTA 2 and 4 worth it. It'd be better for T2 to make R* do GTA reboot or other great undertakings. Homebrew keeps their older games in the spotlight again. They sould release them on GOG if they really love their fanbase.
It's not. Emulators pretend to be hardware, so the game executable is just the copy that you have legally bought which was licensed by the copyright holder. They can't force you what you can do with the copy you purchased, but they can legally prevent you from making additional copies and distributing them (this is what the copyright is, a right to control copies)
Reverse engineering an executable has made a copy of it and distributed it, in a modified form but that is still covered & without permission.
The game code is protected by copyright law just as much as any artwork.
Reverse engineering is protected in copyright law in most instances, it falls under fair use. The DMCA specifically states that an end-user is entitled to reverse engineer a piece of software, including breaking copy protection mechanisms, in order to achieve interoperability with other computer programs, in this instance a launcher on an unsupported system.
According to Section 103(f) of the Digital Millennium Copyright Act (17 U.S.C. § 1201 (f)), a person in legal possession of a program may reverse-engineer and circumvent its protection if that is necessary to achieve "interoperability," a term that broadly covers other devices and programs that can interact with it, make use of it, and to use and transfer data to and from it in useful ways. A limited exemption exists that allows the knowledge thus gained to be shared and used for interoperability purposes.
Not only is what they're doing legal and permitted on an individual level, they are allowed to share the knowledge gained, which they do on the repository. You're wrong on both counts.
API can't be copyrighted, an HLE of a BIOS would not be similar to how the original function worked on the original hardware. The IBM PC bios is a good legal example of that.
But legally it's very different to documenting an API and implementing similar functionality and decompiling a game.
Reverse engineering is protected in copyright law in most instances, it falls under fair use. The DMCA specifically states that an end-user is entitled to reverse engineer a piece of software, including breaking copy protection mechanisms, in order to achieve interoperability with other computer programs, in this instance a launcher on an unsupported system.
Not only is what they're doing legal and permitted on an individual level, they are allowed to share the knowledge gained, which they do on the repository. You're wrong on both counts.
API can't be copyrighted, an HLE of a BIOS would not be similar to how the original function worked on the original hardware. The IBM PC bios is a good legal example of that.
But legally it's very different to documenting an API and implementing similar functionality and decompiling a game.
You can't copyright facts. So an API itself cannot be copyright, only novel ideas in the implementation (Wine is a good example of this).
I am sure T2 will be able to pull out a load of examples in court of how code that could be expressed in a lot of different ways, but was similar to their original source code.
If you take a bunch of source code, a lot of it isn't protectable. But some of it is.
They will have to show evidence of a clean room implementation and I figure they can't.
I did not expect Take Two/Rockstar to the leading the charge against this decompilations of games lark, especially after Nintendo got their nose so thoroughly tweaked, if not bloodied by previous things, and their general attitude in the past. With this and the turn on mods I wonder what changed up high to cause this sort of thing.
That said I can see the basis for it under the law and their filing makes sense from my understanding of the letter, spirit and intent of the law. Sounds very much like classic derived work rather than anything even vaguely resembling clean room recreation, emulation, interpretation or other means of translation generally allowed by law. Would also represent unfair competition for a work still in copyright. If they also happened to include a bunch of assets within the code then oh dear, but that might be more easily remedied if by some magical means the code is deemed free and clear by some kind of interoperability massive expansion in scope. (Most of) The assets being bundled separately means almost nothing in this; it happens in other things (see half of https://osgameclones.com/ , and also the various attempts on the same link to make free versions of assets) because that is an easy way to keep control of the art for a later official port/rerelease/keep people buying whatever version you still have out there but has no real legal basis for a defence beyond "it could have been worse done by us".
I would rather that they continued to ignore it but I in no way can get to any kind of angry at legal overreach by them. Bog standard and unambiguous law, and not even a good candidate for a further exemption/"get with the times" update.
All that said when this happens in the future* then everybody take a snapshot, there is usually a nice "download all as zip" feature on most repos so you don't even have to install git or whatever arcane software is used. Seems we might need TOR software repos as well.
*and it will; the tech is getting there so we have basically the entire C coding era (PS1/N64 probably through early PS2, PC from about 1995 with earlier still examples to today in some cases but more likely about 2001, GBA through DS in handhelds) to happen yet, the handful of games we have seen thus far is but the trickle before the dam bursts as it will only get easier other than whatever weirdness the devs coded that troubles things in a given game. Plus whatever people more classically disassemble, find is using an interpreted language, have leaked by traditional means or get related engines for. C++ maybe (came after C, needs a bit more resources but offers a whole lot more options, said options making decompilation harder) even coming at some point but that is a far harder task.
You still need to own the GTA games to play them on the RE engines.
Now I don't know 100% HOW the code is dumped, written, adapted. But if it's as I suspect, written from scratch. Just dumped and written. It's more or less as an emulator, but for this specific game.
yeah looks like its a fully reverse sourced executable thats compiled using original game assetts
which is why it links directly to steam store page to buy the game
it gets even funnier
These source code files not only contain the derivative
software code that enables the Games to run on a player’s computer, but also contain Take-Two’s
original digital content such as text, character dialog, and certain game assets.
Additionally, the
re3 GitHub Repositories include links to locations where members of the public can download a
complete, installable build of the re3 and reVC software.
they dont because those are part of the game you need to own to compile it and the official github just links to zip files containing latest releases to build the executables using the game itself purchased fro steam store.
The Games are virtually identical to the original Games in function, appearance, and gameplay,
except for certain variations and modifications added by Defendants. Thus, a player in possession
of Defendants’ derivative version of the Games can experience the exact same sights, sounds,
story, setting, dialog, and other creative content as they would experience in Take-Two’s original
version of the Games.
well yeah its just an executable that requires an original game to run i wonder why
this is jsut them trying to twist lawyer garbo
Defendants have been public about their intent to create and distribute their own
pirated version of the Games, and have used social media and the press to promote the infringing
projects’ visibility as well as to recruit users and developers. For example, on or about February
12, 2021, Defendant Ash R. posted links to the re3 and reVC GitHub repositories to his personal
account on the U.S.-based social media platform Twitter, announcing to his hundreds of followers
(including, on information and belief, ones he knew to reside in the United States) that both GTA3
and Vice City had “been FULLY reverse engineered!”1 Soon after, Ash R. followed up his
announcements with another Twitter post offering a hyperlinked “invite” to the group’s Discord
channel in order to solicit “help” with the projects, and communicated directly in response with
lmao
So basically they have been reverse engineering the executable from scratch
providing compile scripts on the official repos for multiple systems
linking to official steam store page to buy the game so you can compile it because they dont provide any non reversed assetts
yet nintendo cant take a fully reversed engineered mario rom to court
and take2 think they can take a fully reversed engineered launcher which contains no assets
the best they can do is twist the meanings of reverse engineering and the likes to sound like they have been copying everything
I did not expect Take Two/Rockstar to the leading the charge against this decompilations of games lark, especially after Nintendo got their nose so thoroughly tweaked, if not bloodied by previous things, and their general attitude in the past. With this and the turn on mods I wonder what changed up high to cause this sort of thing.
So basically they have been reverse engineering the executable from scratch
providing compile scripts on the official repos for multiple systems
linking to official steam store page to buy the game so you can compile it because they dont provide any non reversed assetts
yet nintendo cant take a fully reversed engineered mario rom to court
and take2 think they can take a fully reversed engineered launcher which contains no assets
I'd say that both Nintendo and T2 would have a good case in court, if either party chooses not to then it's up to them.
There doesn't seem to be any difference in Mario64 and GTA apart from the language used to describe them. They are both essentially decompilations, whether they are automatic or manual.
Just because you reverse engineered something, doesn't mean they don't still own the copyright. Reverse engineering is only allowed in good faith, distributing a fully working source code is not allowed in either the US or EU (and likely in any berne convention countries). At some point in some countries you would even need to show exhaustion of other methods to get the information that you obtained by reverse engineering.
Clean room reverse engineering avoids a lot of the issues, but it's a lot more work and requires more people (plus you would need to prove you did it).
I actually expected Nintendo to take down the decompilation of Mario 64.[/QUOTE]
they cant because just like GTA RE3 etc it also requires you to have a prior copy of the game to get all the copyrighted assets to compile their decompilation
since re3 and mario dont actual contain those assets they dont actually have real ground to stand on.
thats why take2 lawyers are idiots since they are quoting soemthing that doesnt exist in original repos
Just because you reverse engineered something, doesn't mean they don't still own the copyright. Reverse engineering is only allowed in good faith, distributing a fully working source code is not allowed in either the US or EU (and likely in any berne convention countries).
Dosbox, reactos and wine don't include any copyrighted code from the original products as any reverse engineering of the API's didn't go as far as copying the implementation.
The reverse engineering of GTA does include the original implementation in the source code.
Just because you type it in, doesn't mean you own the copyright of something. If you were reading it from somewhere else then it's a copy.
Dosbox, reactos and wine don't include any copyrighted code from the original products as any reverse engineering of the API's didn't go as far as copying the implementation.
The reverse engineering of GTA does include the implementation.
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