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Take-Two Sues Creators Of GTA Reverse-Engineering Project Re3

Take-Two is suing the creators of a reverse-engineering project that makes GTA 3 and Vice City playable on Switch and PS Vita.

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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.

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avjaarsveldt

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Sad, really sad. I hope Take-Two take it up the butt on this one.

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Godly_Atheist

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I'm not in Take Two's corner in any way shape or form, but I think they have every right to shut this down. If the people behind this want to use it for personal use, that's one thing, but to make it publicly available - that's where they cross a line. That said, if the next GTA is set in another cultureless amerifat city I'm done with Rockstar and Take Two for good. Neo-Tokyo with many open buildings to explore and stuff to do. Coop story online. Don't focus too hard on pvp, pvp isn't fun. It's ruined the gaming world.

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darshie76

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@Godly_Atheist:

The product is a derivative; it is basically what 90% of the companies do with competitors products. The difference is that here it is a single guy that give the thing for free; while in other cases it is another corp reverse engineering something, making some modifications and calling it a new product.

Legally it make sense only because it is a corp going against a person that made a product for free (BTW you need to own GTA3 to use that engine, it is the same as for other similar products like Diablo, Doom, Quake and other ports). If this was out only for Vita, nobody would give a crap because that platform is dead, but since it is for Switch too, and most likely Take2 is planning to re-release the old GTA3 games as remastered, that's why they are making this move.

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nintendians

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the thing is... you still need a soft and hard mod the "switch" to be able to run it but i'm sure a ps2 emulator could run it fine.

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darshie76

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Edited By darshie76

@nintendians: Yes, but Take2 is probably looking at a re-release on switch; which is why they are so concerned

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nintendians

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@darshie76: that too. but the using the game engine to make a different game is fine for me as long as it's not name like the official game.

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tbird7586

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Sony lost a similar case with two separate companies reverse engineering the ps1 for PCs and Dreamcast judges ruled it was completely legal since it was revers engineered they eventually bought one of them and shut it down i wonder if it'll be similar most likely they won't have the money to defend themselves from those douchebags onslaught

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darshie76

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@tbird7586: That was a whole different story; those 2 companies were making emulators; and court ruled that they didn't infringe any patent nor that they reverse engineered the firmware. In this case, the author himself stated that he reverse engineered the product; so it is a totally different story.

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PrpleTrtleBuBum

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once again, make your own gta and release it on switch and vita if you really want it so much. and sell it for free.

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Chronogos

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That's funny how Nintendo hasn't even gotten an official release of GTA 3, while the rest of us are stuck with GTA V forever.

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MoogleStar

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***** move

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quinnd6

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The only people doing irreparable harm to Take Two are Take Two themselves.

Like the other poster said they're a nasty, scummy company.

As they had never released versions of GTA 3 or Vice City for Switch or Vita and never had any intention of doing so, they weren't losing any money from this.

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darshie76

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@quinnd6: Tehy own GTA3 series; they may release it on Switch, and if people get it for free, they may get a hit on sales. Now, we can consider that people can just get the games for free on switch after they jailbreak it; that is a given, but knowing that there is a free version for switch is yet one more reason to jailbreak it.

It is not a matter if they want to release it or not; it is a matter that if you own something that may make you more money, and someone make the same thing for free; you jump in to get a cut of the cake.

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Chronogos

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@quinnd6: Take 2 is more concerned with the potential future money they might lose more than anything. Since the source code is available, it's likely it might be runnable on an Xbox Series in the near future, which is the real problem for Take 2 as they're going to do a remake of the PS2 games.

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JimmyFraska

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Edited By JimmyFraska

@quinnd6: Exactly. And it's just the nature of open source projects, that they can be ported to all kinds of operating systems. Bethesda told the guys doing OpenMW, essentially that as long as THEY didn't port and promote it (to stuff like mobile/switch), and just worked on the open engine itself, they were fine. But it obviously opens the doors to others doing that thing Bethesda wouldnt want.

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JimmyFraska

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For as scummy ascompanies like Valve and Bethesda are, they are happy to let their fans do stuff like this. It's a part of their brand. But meanwhile, Taketwo trashes their community

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Thanatos2k

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Man, Take-Two is such a scummy company.

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