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Announcements       Thread starter PSXHAX       Start date Jun 17, 2017 at 2:17 AM       11      

Should offline game modding be allowed and legal?

  • Yes, but only for offline personal use.

  • No, it still damages game companies.

  • You should be able to mod what you buy, on or offline.


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Recently @Foe (our buddy Jake :giggle:) pointed out that Take-Two Interactive Software who oversees publishers including Rockstar Games and 2K Games sent a cease and desist order to OpenIV claiming that the GTA modding software tools defeat security features in place violating their rights.

Despite an active online petition to save OpenIV (we all know how effective those tend to be :rolleyes:) the OpenIV Team's lead developer GooD-NTS decided to discontinue work on their editing platform after nearly 10 years dealing a huge blow to the Grand Theft Auto modding scene. :cry:

Here's what he had to say on the situation, to quote: "We feared that this day would come... And now it's here. The day, when GTA modding was declared illegal. GTA modding had long and glorious history.

Since GTA III, people have created lots of different mods: from simple texture replacements to impressive full conversions. And the modding always was a "gray zone" -- a battlefield between lawyers and PR... For almost ten years of OpenIV development, we had tried to play as nice as possible and even more:
  • Strictly following of Civil Code of Russia (only reverse engineering for interoperability).
  • Only clean-room reverse engineering.
  • No distribution of original data and code.
  • And absolutely no messing with Online...
On June 5th, 2017, we had received an official Cease-and-Desist letter. It clearly says, that with OpenIV we "allow third parties to defeat security features of its software and modify that software in violation Take-Two's rights".
  • Yes, this letter is illiterate both technically and grammatically (really, they don't even bothered with proof-reading the text).
  • Yes, we can go to court and yet again prove that modding is fair use and our actions are legal.
  • Yes, we could. But we decided not to.
Going to court will take at least few months of our time and huge amount of efforts, and, at best, we'll get absolutely nothing. Spending time just to restore status quo is really unproductive, and all the money in the world can't compensate the loss of time.

So, we decided to agree with their claims and we're stopping distribution of OpenIV. It was a hard decision, but when any modding activity has been declared illegal, we can't see any possibilities to continue this process, unless top management of Take-Two company makes an official statement about modding, which can be used in court.

With many thanks for all modding community for all your fantastic creations, OpenIV team. So long, and thanks for all the fish.

To make it all clear, here is what happened:

1 - At May 19th, 2017, I received an email from the legal counsel for Take Two Interactive in the USA. In this email they has requested to stop immediately any further work and/or distribution of OpenIV and "Liberty City in GTAV" projects.

2 – In belief, that we did not violate any laws, I asked them to provide more detailed information about their request. They agreed to provide details by email.

3 – On June 5th, 2017, after two weeks of silence, I got C&D letter from lawyers company (legal representative of Take Two in Russia), both in electronic and paper form, to my employer address. This C&D accuses me in Russian laws violations.

4 – After many heavy thoughts, we had decided to agree with their claims. We did not make it easily; it is very hard decision for us."

In this week's poll, we ask the question: Should offline game modding be allowed and legal?

Feel free to cast your vote and share your thoughts in the comments below! :cool:
Take-Two Interactive Orders OpenIV to Halt Game Modding Tools.jpg
 

Comments

Finally some good news for those following: Take-Two backtracks on GTA V mod ban after mass customer backlash :LOL:

To quote from TryModern.com: Almost two weeks ago, Take-Two served the developers of OpenIV a cease and desist letter, declaring that mods in Rockstar games like GTA IV, GTA V, and Max Payne 3 are illegal.

Since then, they’ve decided to rescind their decision to take action after fans reacted fiercely by negatively rating the game on the Steam store. Currently GTA V has an Overwhelmingly Negative rating, with only 14% (of 55k+ people) rating it positively in the last 30 days.

There was also a petition which garnered close to 72,000 signatures in less than two weeks.

Rockstar Games has also added another Q&A to its knowledge base, saying that mods are legal under certain circumstances.
Rockstar Games believes in reasonable fan creativity, and, in particular, wants creators to showcase their passion for our games. After discussions with Take-Two, Take-Two has agreed that it generally will not take legal action against third-party projects involving Rockstar’s PC games that are single-player, non-commercial, and respect the intellectual property (IP) rights of third parties.

This does not apply to (i) multiplayer or online services; (ii) tools, files, libraries, or functions that could be used to impact multiplayer or online services, or (iii) use or importation of other IP (including other Rockstar IP) in the project. This is not a license, and it does not constitute endorsement, approval, or authorization of any third-party project.

Take-Two reserves the right to object to any third-party project, or to revise, revoke and/or withdraw this statement at any time in their own discretion. This statement does not constitute a waiver of any rights that Take-Two may have with respect to third-party projects.
The developers of OpenIV have not explicitly come out saying that things are OK, but those using the mod may have noticed a new update (2.9.0 Build 907) being released on June 23rd, which signals that they seem to be in the clear... for now.

It’s unclear as to what Take-Two plans to do about third party mods, but we suspect this may not be the end just yet. However it’s good to see that the company listened to its fans, understanding that they should not bite the hands that feed them.

 
Here's an updated statement from OpenIV‏ on modding, to quote:

"In order to qualify all of the questions we had received during past weeks, we make some explanations:

Unfortunately, we were unable to answer those questions earlier due to real life (yeah we have some).


The community

First of all, we want to say "Thank you" to everyone who supported us in this tough situation. We’re very grateful for your support; for demonstration of the fact, that modding community is still a minority, but very vocal, creative and determined minority. You made the impossible and this story is already scribed into the history of PC gaming and the Internet itself.

Yes, this is your victory! Congratulations and many thanks once again!

OpenIV and modding

The development of OpenIV will be continued as before. OpenIV never supported GTA Online modding and will not support it in the future. Our work will be continued within the Rockstar modding policy.

Liberty City in Grand Theft Auto V

Unfortunately, our highly anticipated mod “Liberty City in GTA V” will not be released because it clearly contradicts with Rockstar modding policy. Liberty City mod is a big loss for us, since it was a huge part of our motivation to push OpenIV functionality.

If you are wondering what is next, well, we are currently revising our plans for the future.

Sincerely,
OpenIV Team.
"

 
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