An anonymous reader quotes a report from TorrentFreak: Take-Two Interactive has sued several programmers and enthusiasts said to be behind the popular re3 and reVC Grand Theft Auto fan projects. The lawsuit says that after the company filed a DMCA takedown notice to remove the projects from Github, the defendants filed a bad faith counter notice to have the content reinstated, thus triggering this copyright infringement lawsuit. “Defendants’ source code projects, known as re3 and reVC, purport to have created a set of software files (which Defendants claim they ‘reverse engineered’ from the original Game software) that allow members of the public to play the Games on various hardware devices, but with so-called ‘enhancements’ and ‘modifications’ added by Defendants,” the complaint reads (PDF). “Perhaps most notably, Defendants claim that their derivative GTA source code enables players to install and run the Games on multiple game platforms, including those on which the Games never have been released, such as the PlayStation Vita and Nintendo Switch.” According to Take-Two, the defendants’ conduct is willful and deliberate since they are well aware that they do not have the necessary rights to copy, adapt or distribute derivative GTA source code or the audiovisual elements of the games. The gaming giant adds that [defendant Angelo Papenhoff] publicly expressed concern that Take-Two would find out about the ‘re3’ and ‘reVC’ projects.
Take-Two says that by willfully and maliciously copying, adapting and distributing its source code and other content, all of the defendants have infringed its exclusive rights under copyright law. As a result, the company is entitled to damages in amounts to be determined at trial or, alternatively, a maximum statutory damages award of $150,000 for each infringed work. Additionally, the gaming company says that by submitting bad faith DMCA counternotices to have the projects restored to Github, three of the defendants made misrepresentations under U.S.C. 512(f). Finally, Take-Two is seeking temporary, preliminary, and permanent injunctive relief to restrain the defendants from continuing their allegedly infringing activities. The company wants all infringing source code and games removed from the Internet and wants the defendants to hand over all materials that infringe its rights. Take-Two also wants a full accounting of “any and all sales or downloads of products or services” that infringe its rights.
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