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Monday, June 28th, 2021
| Time | Event |
| 9:13a | Reverse-Engineered GTA Code Back Online After DMCA Counter-Notice
After years of work, they published “re3” and “reVC,” two fully reverse-engineered releases of the GTA III and Vice City games, which first came out two decades ago. The code allows GTA fans to play these older games on new devices, which is impossible to do with the original version. A copy of the original game is still required for the code to work properly, however, since game assets are not included. Take-Two TakedownThe reverse-engineered code was published in the ‘re3’ repository on GitHub, which is operated by the GTA Modding account. Soon after, dozens of copies were made, and many GTA fans were excited to get behind the wheel again. Take-Two and its parent company Rockstar Games were not as excited. A few days after the release, the companies asked GitHub to remove the “re3” and “reVC” repositories, as well as several forks. These were clear copyright infringements, the companies claimed. GitHub complied with the request and pulled the code offline. While GitHub’s hands were tied, many commenters noted that the takedown went too far, arguing that the re3 project is considered fair use. Fair Use?Under US law, reverse-engineering can indeed be seen as fair use, but this area is a bit of a minefield. Whether something is fair use or not depends on a variety of factors that are ultimately judged in court. However, after a few weeks had passed, ‘re3’ suddenly popped up on GitHub again. While the original repository remained offline, the developers of two forks filed counter-notices. This worked, as these forks were eventually restored by GitHub. These counter-notices didn’t mention fair use but there was no response from Take-Two either. When a developer disputes a takedown the copyright holder typically has two weeks to take legal action. If that doesn’t happen, the code is restored. ReGTA team Counters TakedownIt seems likely that these counter-notices strengthened the position of official developers, as they also disputed the takedown earlier this month. The ReGTA team (re3/reVC) specifically mentions fair use as a defense. “The code in this repo was developed by reverse engineering object code that is not contained in this repo. We believe that any code in this repo that is similar to code or other content owned by Take-Two is either unprotected by copyright or is permitted under fair use,” their notice reads.  ‘Aap’, team leader of the Re3 project, informs us that this type of reverse engineering should be considered fair use. The main goal is to help GTA fans play the game, and this may even be beneficial to Take-Two as well. “We claim that our project falls under fair use: our goal is clearly not piracy or anything as you still need the original game. Rather we want to care for the game by fixing and improving it and bringing it to new platforms. “This has caused many people to buy or re-buy the game from Take-Two, so it’s not like they’re losing money, quite the opposite,” aap adds. Legal AdviceWhile many GTA fans will agree, filing a counter-notice isn’t without risk. Under the DMCA, GitHub is required to restore the code after 14 days, unless the copyright holder files a lawsuit. GitHub was kind enough to refer the developers to a legal expert they’re working with. This expert informed the team about the rights and risks, after which the reGTA team went through with the counter-notice. Luckily for the reGTA team, Take-Two didn’t file a lawsuit. This means that the re3 and reVC code was simply restored, without any modifications, and is freely available on GitHub again. Cultural HeritageThe developers are happy with the outcome thus far. They never wanted any legal trouble and stress that they simply act with the best interest of the broader gaming community in mind. “Classic games like GTA are part of our cultural heritage and it’s important to preserve and maintain them,” aap tells us, adding that the sm64 (Super Mario 64) and devilution (Diablo) projects fall under the same umbrella. “Reverse engineering these games makes sure that people will always have a way to play them.” From: TF, for the latest news on copyright battles, piracy and more. |
| 4:50p | Twitter Suspends India’s Minister of Communications After Sony DMCA Notice
These events are relatively common and attract very little attention, unless the account in question is operated by someone famous or who is otherwise important. Twitter Suspends Indian Government MinisterOn Friday, Ravi Shankar Prasad, India’s Minister for Communications, Electronics & Information Technology and Law & Justice, had his account suspended by Twitter. The clearly infuriated Minister later took to Twitter itself to voice his displeasure, with a brief but inconclusive explanation for the action. “Friends! Something highly peculiar happened today,” Prasad wrote. “Twitter denied access to my account for almost an hour on the alleged ground that there was a violation of the Digital Millennium Copyright Act of the USA and subsequently they allowed me to access the account.” Prasad accompanied his tweet with a copy of the notice he received from Twitter. It indicated there had been a DMCA complaint and if he wanted his account to be unblocked, he effectively needed to educate himself on copyright law – quite something for a fully qualified lawyer heading up India’s Law and Justice Ministry.  It appears that Prasad completed the required viewing of Twitter’s Copyright Policy and an hour later his account was unlocked. However, the Minister was not happy. Broadside Against TwitterIn a series of tweets, the Indian politician attacked Twitter for suspending his account, accusing the company of breaching local law and being duplicitous when it comes to free speech.
While Prasad has made his thoughts crystal clear, perhaps the more pressing question is why Twitter took action against his account in the first place. Twitter Received a Complaint From IFPI / SonyDespite Prasad posting a series of tweets complaining about Twitter’s actions, the Minister didn’t explain why he received a copyright complaint against his account or indeed who sent it. However, since Twitter submits copies of DMCA notices received to the Lumen Database, it isn’t difficult to find that information. On May 24, 2021, a month before Twitter suspended Prasad’s account, the platform received a DMCA notice from the International Federation of the Phonographic Industry (IFPI), stating that one of the Minister’s tweets beached copyright law. Sent on behalf of Sony, the DMCA notice claimed infringement of the track ‘Maa Tujhe Salaam’ by AR Rahman. The offending URL now displays a notice from Twitter stating that it has been withheld due to a complaint. The original tweet dates back to 2017. Another Indian MP Also SuspendedIn response to Prasad’s complaints about the suspension, another Indian MP chimed in to say he too had been targeted by a takedown notice. “Raviji, the same thing just happened to me. Clearly DMCA is getting hyperactive. This tweet has been deleted by @Twitter because its video includes the copyrighted BoneyM song ‘Rasputin’,” Shashi Tharoor wrote. According to Lumen, Tharoor now has at least six DMCA complaints against his account, all targeting the same tweet, which appears to have featured medical students dancing to the Boney M track. Who sent the notices isn’t detailed in the complaints featured on Lumen but a response tweet featuring exactly the same song appears to have slipped through the net.
While press reports in India suggest that Twitter might be firing back at the government following a spat over new legal rules (which ironically center around the requirement to remove objectionable content more quickly), this looks like a normal day at the office for the DMCA. From: TF, for the latest news on copyright battles, piracy and more. |
In February, a group of developers released a project that had many passionate GTA fans excited. 
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