5 ms·

Likely Rockstar would counter sue for violating their original Copyright and the terms of use attached to them. At best it would be a wash, there is a decent c

Likely Rockstar would counter sue for violating their original Copyright and the terms of use attached to them. At best it would be a wash, there is a decent chance the damages for the countersuit would lead to a net loss.

ArnoVW 3y ago
The can sue them for anti-circumvention statutes in the DMCA. But not for infringement, since the developers did not do the infringement, they only enabled it.
- favorited 3y ago
  How did the cracked game enter circulation, if the crackers didn't redistribute it?
  - methou 3y ago
    In this very specific case, it's a no-cd patch, you can be a legitimate owner of the copy but for some very valid reasons that do not want load the CD every time you play the game. (Like disk and/drive wearing, or just don't like the hassle)
- hnick 3y ago
  Do those statutes apply for interoperability? Which takes precedence? This is basically how Rockstar used it - to make the game work on computers without CDs. So the actual rights holder has recognised that this tool or one like it is legitimately required for interoperability, between the game as a piece of technology and a modern computer. They won't work together otherwise. Maybe I am being too tricky but that's how I see it. And if that makes it a legitimate work then it's funny to think about the consequences.
  - ArnoVW 3y ago
    Certain excemptions are provided in the DMCA, and have been established via jurisprudenence: https://www.federalregister.gov/documents/2021/10/28/2021-23311/exemption-to-prohibition-on-circumvention-of-copyright-protection-systems-for-access-control https://www.federalregister.gov/documents/2021/10/28/2021-23... Geeks often think that the law is some sort of blockchain-esque thing that is absolute, context-free and machine-interpretable. In reality, many laws require 'guilty intent' (mens rea). This is why we have 'judges', who perform 'judgement'. So the same tool called 'no-cd', marketed as a backup tool may be judged 'OK', where 'WaR3z HaCk.exe' published by a group of known software pirates will be judged 'anti circumvention'
- account42 3y ago
  NoCD patches are commonly distributed as an already-patched version of the executable, which would count as infringement.
therein 3y ago
After some short searching online, looks like for copyright infringement litigation, the statute of limitation is three years.

ArnoVW 3y ago

The can sue them for anti-circumvention statutes in the DMCA. But not for infringement, since the developers did not do the infringement, they only enabled it.

favorited 3y ago
How did the cracked game enter circulation, if the crackers didn't redistribute it?
- methou 3y ago
  In this very specific case, it's a no-cd patch, you can be a legitimate owner of the copy but for some very valid reasons that do not want load the CD every time you play the game. (Like disk and/drive wearing, or just don't like the hassle)
hnick 3y ago
Do those statutes apply for interoperability? Which takes precedence? This is basically how Rockstar used it - to make the game work on computers without CDs. So the actual rights holder has recognised that this tool or one like it is legitimately required for interoperability, between the game as a piece of technology and a modern computer. They won't work together otherwise. Maybe I am being too tricky but that's how I see it. And if that makes it a legitimate work then it's funny to think about the consequences.
- ArnoVW 3y ago
  Certain excemptions are provided in the DMCA, and have been established via jurisprudenence: https://www.federalregister.gov/documents/2021/10/28/2021-23311/exemption-to-prohibition-on-circumvention-of-copyright-protection-systems-for-access-control https://www.federalregister.gov/documents/2021/10/28/2021-23... Geeks often think that the law is some sort of blockchain-esque thing that is absolute, context-free and machine-interpretable. In reality, many laws require 'guilty intent' (mens rea). This is why we have 'judges', who perform 'judgement'. So the same tool called 'no-cd', marketed as a backup tool may be judged 'OK', where 'WaR3z HaCk.exe' published by a group of known software pirates will be judged 'anti circumvention'
account42 3y ago
NoCD patches are commonly distributed as an already-patched version of the executable, which would count as infringement.

therein 3y ago

After some short searching online, looks like for copyright infringement litigation, the statute of limitation is three years.