GTA modders have retaliated against Take-copyright Two’s complaint, claiming that their work fits under the Fair Use exception.

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GTA modders hit back against Take-Two copyright lawsuit, claim work falls under Fair Use exemption

Everyone is blasting GTA: The Trilogy, so are you?

Given the failure of Grand Theft Auto: The Trilogy, Rockstar parent Take-Two Interactive isn’t exactly a favourite among gamers right now. It’s also been chastised for launching a copyright infringement case against four GTA modders earlier this year. The four, on the other hand, are fighting back, saying that the improvements they made to the games were protected under the Copyright Act’s Fair Use provision.

The modders released’re3′ and’reVC,’ upgraded versions of Grand Theft Auto III and Grand Theft Auto: Vice City,’ earlier this year.


Take-Two responded a week later with a DMCA takedown filed at Github. The repositories were removed, but the modders filed a counternotice, and the files were restored. In September, Take-Two launched a lawsuit against the group, claiming they caused “irreparable harm” to its distribution of the GTA games and that it was owed more than $300,000 in damages.

TorrentFreak reports that the modders have issued a legal response to Take-Two’s suit, arguing that their work fell under ‘Fair Use,’ which can allow the use of copyrighted material. The defense says that if any copyright infringements did occur, they were only to allow for interoperability of software and bug fixing. Therefore, such actions represent transformative use of content, meaning it builds upon the original material rather than copying it.

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The original games were released more than 15 years ago, and Rockstar stopped delivering patches and bug fixes years before work on re3 and reVC began. It’s also worth noting that using the mods necessitated owning copies of GTA III and Vice City, which were both taken from the market in preparation for GTA: The Trilogy.

The defendants claim that in the past, Rockstar and Take-Two “allowed others to undertake the development of ‘mods’ of its software,” “encouraged and supported others undertaking the development of ‘mods’,” and even showed them “without any adverse action” according to the defendants. According to the modders, their work may have boosted sales of the original titles.

It had always been speculated that Take-Two was going after mods of early GTA games because it planned to release its own official, enhanced versions. The predictions turned out to be true when the GTA trilogy was announced. Sadly for gamers, the launch was one of the worst in history, Rockstar has been inundated with refund demands, and Grand Theft Auto: The Trilogy – The Definitive Edition currently has a user Metascore of 0.5.

If you own Rockstar’s remastered GTA trilogy and would like to see improved performance, it’s recommended that users enable DirectX12, lock the display to 60HZ, and turn on VSync.


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