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Take-Two takes legal action against reverse engineered re3 & reVC projects
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<blockquote data-quote="Zajumino" data-source="post: 9571009" data-attributes="member: 534796"><p>Everything here is true except for the last sentence, which I am not sure about. It might be possible that it only works one way, because the reverse engineered source code is different from the original, and when it is compiled, the binaries are also different. There may be other court cases that clarify this, but as a guess, perhaps the source and corresponding binaries are treated as a set.</p><p></p><p></p><p></p><p>It is my understanding that the appearance of a rolex is protected under copyright regardless of if you take one apart, since it has no influence on the function of the watch.</p><p></p><p></p><p></p><p>This is supposed to be a valid way of studying how the game works, but based on other things you have said, they haven't done much else. Theoretically, if they did not declare their project to be completed, maybe they could have kept their code available as an intermediate copy (assuming you are allowed to have those public). Perhaps this is why T2 waited so long to do anything.</p><p></p><p></p><p></p><p>It really depends on the nature of the original work. In Sony v. Connnectix, the BIOS was considered to be purely functional, and the court did not find any infringing material in the clone.</p><p>In this case, the engine probably has expressive elements, but it does not matter if they do not end up in the final product. The ones that do could be passed off as some of the exceptions to copyright. If the amount that remains is small in significance it might be overlooked.</p><p></p><p>Basically, it depends on what the court finds. However, in this case, given the degree of similarity to the original, I think they would find enough to disqualify fair use.</p><p></p><p></p><p></p><p>Because they decompiled the original, fair use has always been their only chance, but things do not look favorable for them.</p><p></p><p>The point of clean room is to be able to go to court and say it was impossible to have had copyrighted material in your work. Referencing a decompilation defeats the purpose of clean room (for those doing the recreation).</p><p></p><p>[MERGED]auto[/MERGED]</p><p></p><p></p><p></p><p>The key is to have a lawyer check to see if there was no copyrighted material in the documentation.</p></blockquote><p></p>
[QUOTE="Zajumino, post: 9571009, member: 534796"] Everything here is true except for the last sentence, which I am not sure about. It might be possible that it only works one way, because the reverse engineered source code is different from the original, and when it is compiled, the binaries are also different. There may be other court cases that clarify this, but as a guess, perhaps the source and corresponding binaries are treated as a set. It is my understanding that the appearance of a rolex is protected under copyright regardless of if you take one apart, since it has no influence on the function of the watch. This is supposed to be a valid way of studying how the game works, but based on other things you have said, they haven't done much else. Theoretically, if they did not declare their project to be completed, maybe they could have kept their code available as an intermediate copy (assuming you are allowed to have those public). Perhaps this is why T2 waited so long to do anything. It really depends on the nature of the original work. In Sony v. Connnectix, the BIOS was considered to be purely functional, and the court did not find any infringing material in the clone. In this case, the engine probably has expressive elements, but it does not matter if they do not end up in the final product. The ones that do could be passed off as some of the exceptions to copyright. If the amount that remains is small in significance it might be overlooked. Basically, it depends on what the court finds. However, in this case, given the degree of similarity to the original, I think they would find enough to disqualify fair use. Because they decompiled the original, fair use has always been their only chance, but things do not look favorable for them. The point of clean room is to be able to go to court and say it was impossible to have had copyrighted material in your work. Referencing a decompilation defeats the purpose of clean room (for those doing the recreation). [MERGED]auto[/MERGED] The key is to have a lawyer check to see if there was no copyrighted material in the documentation. [/QUOTE]
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