GitHub has blocked the RE3 project repository and 861 forks containing its content after receiving a new complaint from Take-Two Interactive, which owns the intellectual property related to the games GTA III and GTA Vice City.
Recall that the re3 project involved reverse engineering the source code of the games GTA III and GTA Vice City, released about 20 years ago. The published code was ready to compile a fully working game using files from the game resources that were extracted from their licensed copy of GTA III. The code recovery project was launched in 2018 to fix some bugs, expand capabilities for mod developers, and conduct experiments to study and replace simulation algorithms for physical processes. Notably, RE3 included porting to Linux, FreeBSD, and ARM systems, added OpenGL support, ensured sound output through OpenAL, added additional debugging tools, implemented a rotating camera, expanded peripheral device support, provided scaling for widescreen displays, and included a map and additional options in the menu.
In February 2021, GitHub had already blocked access to the RE3 repository after Take-Two Interactive claimed a violation of the Digital Millennium Copyright Act (DMCA) in the USA. The developers of the RE3 project disagreed with the blocking and sent a counter-notice, after which GitHub lifted the block. In response, Take-Two Interactive initiated a lawsuit, demanding the cessation of the distribution of the RE3 project’s source code and compensation covering damages from the copyright infringement.
According to Take-Two Interactive, the files stored in the repository contain not only derivative source code that allows the game to be launched without the original executable files but also include components from the original games, such as text, character dialogues, and some game resources, as well as links to complete installation builds of re3. With the game resources from the original game, these allow for a full recreation of the gameplay. Take-Two Interactive insists that by copying, adapting, and distributing the code and resources related to these games, the developers have willfully violated Take-Two Interactive's intellectual property.
The RE3 developers believe that the code they created either does not fall under the legislation defining intellectual property rights or is categorized as fair use, which permits the creation of compatible functional replicas, as the project develops based on reverse engineering and only source texts created by project participants are hosted in the repository. Object files that served as a basis for recreating game functionalities were not uploaded to the repository. The project's non-commercial nature also supports fair use, as its primary goal is not to distribute unauthorized copies of someone else's intellectual property but to provide fans the opportunity to continue playing older versions of GTA, fix bugs, and ensure functionality on new platforms.
Source: opennet.ru
