Red Dead Redemption: Damned Enhancement Modder Counters Take-Two Lawsuit

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The developer in the back of the Red Dead Redemption: Damned Enhancement Undertaking is preventing again towards a copyright infringement lawsuit filed through Take-Two. Amongst different issues, Johnathan Wyckoff states that he believes he was once running inside the laws printed through Take-Two, which state that
the corporate is not going to typically take prison motion towards non-commercial unmarried participant initiatives.

Ultimate August, requires Take Two Interactive’s Red Dead Redemption (RDR1) to land on PC seemed they may well be replied through the developer in the back of the ‘Red Dead Redemption: Damned Enhancement Undertaking’.

The intended plan of ‘DamnedDev’ (actual title Johnathan Wyckoff) was once to change the Xbox360 and PS3 variations of RDR1 and produce the sport to the PC whilst making improvements to the sport with higher graphics and extra options. In September 2019, alternatively, Wyckoff printed that he was once being “bullied” through an organization. A lawsuit filed at a New York court docket in December printed that Take-Two was once taking motion to carry the venture to an finish.

Bringing up breaches of its highbrow assets rights (direct and contributory copyright infringement) and consumer licensing agreements, Take-Two stated that it had many times requested Wyckoff to stop and desist but if the venture endured, it had no different selection than to take prison motion. It did so on two grounds.

Originally, the lawsuit focused the RDRII Undertaking, which reportedly aimed so as to add the RDR1 sport map to RDR2. It went directly to make claims in regards to the Damned Enhancement Undertaking, which might reportedly allow customers to
play RDR1 on PC, the place it isn’t formally to be had, “thereby destroying the marketplace for an authentic, up to date edition from Take-Two, and growing festival for Take-Two’s PC-version of RDR2.”

The case has been rolling on for a number of months now and this week Wyckoff filed a solution to Take-Two’s lawsuit along side a sequence of
counterclaims.

Describing himself as an “enthusiastic participant” and modifier of Take-Two videogames, Wyckoff first supplies a brief background on what modding is all about, comparable to making improvements to sport graphics or converting options. He claims that this process is authorized through gaming corporations which in most cases post a ‘mod coverage’ to provide an explanation for what form of mods are allowed. He believes that he acted inside the barriers set out within the Rockstar/Take-Two coverage.

“Defendant believes it was once appearing in response to the Plaintiff’s printed coverage on ‘PC Unmarried-Participant Mods’ which says that ‘Take-Two has agreed that it typically is not going to take prison motion towards third-party initiatives involving Rockstar’s PC video games which are single-player, non-commercial, and recognize the highbrow assets (IP) rights of 1/3 events,”

Wyckoff’s solution reads, referencing the record beneath.

From right here, Wyckoff refutes a lot of Take-Two’s allegations, together with that his RDR2 mod “didn’t include maps” from the unique RDR1 sport and that the writer’s description of the mod perceived to describe a prior mod he advanced (RDRV) “that was once deserted in 2019 on the
request of the Plaintiff.”

Because the above ‘mod coverage’ lays out, to satisfy the standards any mod will have to be non-commercial. In its lawsuit, Take-Two implied that donations solicited through Wyckoff had been used to create the “infringing techniques” which have been then used to “power fans” to his social media and streaming accounts. Wyckoff sees issues otherwise.

“Defendant asserts that this can be a hobbyist and labored at the venture with out anticipating or soliciting repayment for the mod,” he writes.

“Defendant denies receiving any repayment for its mod initiatives.”

In its lawsuit, Take-Two wrote that it had was hoping to settle the dispute with Wyckoff with out resorting to the courts. Alternatively, the corporate claims that moderately than finishing his actions, Wyckoff steered that the venture may get “leaked” through him or others. In his solution, Wyckoff admits to discussions with Take-Two however denies that he ever threatened to leak the venture on-line. In any match, he says he’s in no place to take action.

“Defendant not has get admission to to the mod venture information and does no longer intend to redevelop them,” he writes.

“Defendant is not going to restart paintings at the now-lost mod information and has expressly agreed to similar,”

he provides, noting that every one claims that Take-Two has been injured whatsoever also are refuted, no longer least for the reason that mods had been by no means launched.

In conclusion, Wyckoff says that since the whole lot he did was once inside the parameters of Take-Two’s ‘mod coverage’, all copyright infringement claims must be rejected and the court docket must factor a declaration to that impact or, within the choice, resolve that Wyckoff is an blameless infringer.

After all, he issues to the truth that Take-Two’s ‘consumer settlement’ comprises a clause that compels events in dispute to go into into an arbitration procedure (that Take-Two will have to pay for) to settle their variations. Wyckoff needs that to occur.

Wyckoff’s solution, affirmative defenses and counterclaims will also be discovered right here (pdf)

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