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Take-Two Interactive has launched a lawsuit against the creators of reverse-engineering open-source software called Re3 that recently made headlines for allowing GTA III to run on Nintendo Switch and PlayStation Vita. The lawsuit, which was filed on September 2 in the United States District Court in California and seen by GameSpot, says Re3 is acting unlawfully by copying, adapting, and distributing the source code to GTA III and GTA: Vice City without Take-Two’s consent.
Take-Two’s lawyers said the Re3 technology allows anyone to play these games on platforms the games were never released on, including Nintendo Switch and PlayStation Vita.
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“Defendants’ conduct is knowing, willful, and deliberate. Defendants are well aware that they do not possess the right to copy, adapt, or distribute derivative GTA source code, or the audiovisual elements of the Games, and that doing so constitutes copyright infringement,” Take-Two’s lawyers said.
The lawsuit specifically calls out Re3 developer Angelo Papenhoff. He is reported to have publicly stated that he is “very much worried” about Take-Two finding out about Re3.
This lawsuit comes after Take-Two tried to remove the source code from the internet earlier this year. In response to this, the company’s lawyers say the defendants “knowingly filed bad faith counter-notifications that materially misrepresented the legality of their content, apparently claiming that because they allegedly ‘reverse-engineered’ the games’ source code, they somehow cannot be liable for copyright infringement.”
“Yet while making this claim, Defendants also have bragged that their derivative versions of the Games are functionally and visually identical to the originals, and have even suggested they be used for unauthorized ‘modding purposes,'” the suit says. “As such, defendants’ software plainly infringes Take-Two’s exclusive rights to copy, adapt, and distribute the games.”
Take-Two says the actions of the defendants has and continues to cause “irreparable harm” to the company because the Re3 software not only makes GTA III and Vice City playable to anyone on new platforms, but it also gives “countless others [the ability to] create their own unauthorized derivative versions of the games.”
Take-Two is seeking damages, along with injunctive and other “equitable” relief.
Take-Two’s legal action against the makers of Re3 comes amid reports that the publisher is preparing to announce and release remasters of GTA III, Vice City, and San Andreas. GTA III celebrates its 20th anniversary this year, and Rockstar has said fans can look forward to some “surprises.”
Even if those games don’t turn out to be real, 2021 is expected to be another big year for the GTA series, as Rockstar is launching Grand Theft Auto V for PS5 and Xbox Series X|S in November. A standalone edition of GTA Online is also debuting this year.
Rockstar is also reportedly working on GTA 6, and here’s all the GTA 6 rumors so far.
