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Unfortunately this is a common practice in the gaming industry. https://www.vgr.com/take-two-lawsuit-against-gta-online-modder/ https://www.vgr.com/take-two-law

Unfortunately this is a common practice in the gaming industry. https://www.vgr.com/take-two-lawsuit-against-gta-online-modder/ https://www.vgr.com/take-two-lawsuit-against-gta-online-modd... GTA coerced a kid in to signing an NDA, and then sued him for hacking GTA 5. Battleye (anti-cheat used on games like Fortnite, rainbow six siege, PUBG etc.) https://www.reddit.com/r/arma/comments/2750n0/battleye_is_sending_files_from_your_hard_drive_to/ https://www.reddit.com/r/arma/comments/2750n0/battleye_is_se... founder/lead dev/ceo Bastian Suiter threatened to sue a hacker for publishing some intrusive stuff that Battleye did/is doing. Battleye recently DMCA'd a project that vmcall's club/group published which emulated the heartbeat checks etc. Though Bastian denied doing it on Battleyes twitter accounts (twitter.com/thebattleye). Microsoft sent a PI to members in the Xbox Underground group (https://www.wired.com/story/xbox-underground-videogame-hackers/ https://www.wired.com/story/xbox-underground-videogame-hacke...). Microsoft also used to include a console's serial number in the animated xbox 360 logo on the main screen in morse code (https://qf0.github.io/blog/2020/01/28/Microsoft-xbox-fingerprinting https://qf0.github.io/blog/2020/01/28/Microsoft-xbox-fingerp...). In order to identify users who published hacking/modding videos on Youtube.

mschuster91 6y ago
> Microsoft also used to include a console's serial number in the animated xbox 360 logo on the main screen in morse code (https://qf0.github.io/blog/2020/01/28/Microsoft-xbox-fingerp https://qf0.github.io/blog/2020/01/28/Microsoft-xbox-fingerp...). In order to identify users who published hacking/modding videos on Youtube. Is that even allowed under the GDPR?!
- deleted 6y ago
  [deleted]
- jtvjan 6y ago
  It was before the GDPR was a thing, and it was only used on internal beta versions to catch leakers. [1]: https://archive.is/JTapN https://archive.is/JTapN
pityJuke 6y ago
Take Two really take the boat on this one. Here is another instance where Take-Two sent PIs to a person that created a independent multiplayer experience based on GTA 5 [1] (i.e. not damaging the stock GTA experience, and enabling an environment for experiences such as role-playing. This mod is still used to this day). It is also curious that Take-Two never went after projects like SAMP, MTA or even FiveM's creator original project CitizenIV. It was only when they added micro transactions. [1]: https://arstechnica.com/gaming/2015/11/gta-5-modders-claim-take-two-sent-private-investigators-to-their-home/ https://arstechnica.com/gaming/2015/11/gta-5-modders-claim-t...
eznzt 6y ago
Isn't all of that correct and legal under the DMCA?
- heavyset_go 6y ago
  Practically, there's nothing stopping companies from intimidating people through surveillance or the threat of lawsuits. It's the chilling effect in action.
- ED_Radish 6y ago
  Reading the legal documents, it seems like their main case is that the end user isn't legally allowed access to their device, and homebrew is equivalent to gaining access to a device you're not supposed to have access to? > 10. Article 550bis of the Criminal Code punishes any (attempt) of external hacking, i.e. any attempt to gain access to a computer systems or to maintain such access, by someone who knows he/she is not authorized to gain such access. > The preparatory documents to the Act of 28 November 2000, introducing Article 550bis into the Criminal Code, as well as the other provisions on computer criminality, define “computer system” as: “any system which allows the user to store, process or transmit data. This includes, in particular computers, chips, smart cards, networks and their components as well as telecommunications systems and their components which use information technology.” The 3DS is a “computer system” in the sense of Article 550bis of the Criminal Code. > Further, as explained above, it follows from the notifications made by Nintendo to the users, as well as from the 3DS’s shell and protection measures, that users are not authorized to access the 3DS. > “Neimod”’s statements in the IRC conversations and in relation to the photographs posted on the Internet sufficiently evidence that the defendant has accessed (or at least, has been trying to access) the 3DS. The mere attempt to hack a computer system constitutes a criminal offence under Article 550bis of the Criminal Code. > As this acting involves breaking user licences, physical and technological protection measures, the defendant can only have acted knowingly. This is also confirmed by the vocabulary used by “Neimod”, which includes clear references to “hacking”, “haxx”, etc. > Given the fulfilment of all the requirements set out in Article 550bis (1) and/or (4) of the Criminal Code, the offence of “hacking” or “attempt of hacking” must be upheld.
  - 6y ago
deleted 6y ago
[deleted]
heavyset_go 6y ago
This is why I'm against the trend of treating computing devices as if they're appliances or app consoles. Imagine if Apple or Google went after you for rooting your phone, or legally hacking on your laptop.
xkeysc0re 6y ago
Valve famously tried to lure the suspected leaker of the HL2 source code into a sting job interview https://www.wired.com/2008/11/valve-tricked-h/ https://www.wired.com/2008/11/valve-tricked-h/

mschuster91 6y ago

> Microsoft also used to include a console's serial number in the animated xbox 360 logo on the main screen in morse code (https://qf0.github.io/blog/2020/01/28/Microsoft-xbox-fingerp https://qf0.github.io/blog/2020/01/28/Microsoft-xbox-fingerp...). In order to identify users who published hacking/modding videos on Youtube. Is that even allowed under the GDPR?!

deleted 6y ago
[deleted]
jtvjan 6y ago
It was before the GDPR was a thing, and it was only used on internal beta versions to catch leakers. [1]: https://archive.is/JTapN https://archive.is/JTapN

pityJuke 6y ago

Take Two really take the boat on this one. Here is another instance where Take-Two sent PIs to a person that created a independent multiplayer experience based on GTA 5 [1] (i.e. not damaging the stock GTA experience, and enabling an environment for experiences such as role-playing. This mod is still used to this day). It is also curious that Take-Two never went after projects like SAMP, MTA or even FiveM's creator original project CitizenIV. It was only when they added micro transactions. [1]: https://arstechnica.com/gaming/2015/11/gta-5-modders-claim-take-two-sent-private-investigators-to-their-home/ https://arstechnica.com/gaming/2015/11/gta-5-modders-claim-t...

eznzt 6y ago

Isn't all of that correct and legal under the DMCA?

heavyset_go 6y ago
Practically, there's nothing stopping companies from intimidating people through surveillance or the threat of lawsuits. It's the chilling effect in action.
ED_Radish 6y ago
Reading the legal documents, it seems like their main case is that the end user isn't legally allowed access to their device, and homebrew is equivalent to gaining access to a device you're not supposed to have access to? > 10. Article 550bis of the Criminal Code punishes any (attempt) of external hacking, i.e. any attempt to gain access to a computer systems or to maintain such access, by someone who knows he/she is not authorized to gain such access. > The preparatory documents to the Act of 28 November 2000, introducing Article 550bis into the Criminal Code, as well as the other provisions on computer criminality, define “computer system” as: “any system which allows the user to store, process or transmit data. This includes, in particular computers, chips, smart cards, networks and their components as well as telecommunications systems and their components which use information technology.” The 3DS is a “computer system” in the sense of Article 550bis of the Criminal Code. > Further, as explained above, it follows from the notifications made by Nintendo to the users, as well as from the 3DS’s shell and protection measures, that users are not authorized to access the 3DS. > “Neimod”’s statements in the IRC conversations and in relation to the photographs posted on the Internet sufficiently evidence that the defendant has accessed (or at least, has been trying to access) the 3DS. The mere attempt to hack a computer system constitutes a criminal offence under Article 550bis of the Criminal Code. > As this acting involves breaking user licences, physical and technological protection measures, the defendant can only have acted knowingly. This is also confirmed by the vocabulary used by “Neimod”, which includes clear references to “hacking”, “haxx”, etc. > Given the fulfilment of all the requirements set out in Article 550bis (1) and/or (4) of the Criminal Code, the offence of “hacking” or “attempt of hacking” must be upheld.
- 6y ago

deleted 6y ago

[deleted]

heavyset_go 6y ago

This is why I'm against the trend of treating computing devices as if they're appliances or app consoles. Imagine if Apple or Google went after you for rooting your phone, or legally hacking on your laptop.

xkeysc0re 6y ago

Valve famously tried to lure the suspected leaker of the HL2 source code into a sting job interview https://www.wired.com/2008/11/valve-tricked-h/ https://www.wired.com/2008/11/valve-tricked-h/