One Developer Gets GTA3 And Vice City Source Code Un-DMCAd On GitHub
Furnished content.
The strange flip-flop by Rockstar Games on being open and cool with its fans continues. By way of context and a bit of throat clearing, recall that Rockstar is both the company that whipped out the ban-hammer on Grand Theft Auto 5 players over the use of mods, and the company that paid out money to a modder that fixed that same games long loading times. In addition, Rockstar is both the company that happily used intellectual property to try to silence a documentary while also being the company that enthusiastically embraced gamers making short films out of GTA footage.In other words, when it comes to being open with the gaming and modding community surrounding its games, Rockstar has something of a dual personality. The restrictive side of the company is the one that showed up early in 2021 when a bunch of GTA fans managed to reverse engineer the source code for GTA3 and GTA: Vice City.Deriving the source code through reverse-engineering was a huge milestone for the GTA hacking scene. Players would still need the original game assets to run either classic GTA title, but with accessible source code, modders and devs could begin porting the game to new platforms or adding new features. That’s exactly what’s happened this past year with Super Mario 64.A week after the code went public on GitHub, Rockstar’s parent company, Take-Two Interactive, issued a DMCA takedown claiming that the reversed-engineered source code contained “copyrighted materials owned by Take-Two.” GitHub pulled the fan-derived code and all its related forks. Entirely too often, that would be the end of the story. Modders and enthusiasts go out and try to do something cool with a Rockstar game, get their hands slapped, and give it all up. That didn't happen in this case. Instead, one developer out of New Zealand, named Theo, issued a counter-notice to GitHub. Theo's notice explained that, no, the code that had been produced did not contain the original work done by Rockstar. Instead, this was all brand new coding done by these fan-developers to produce essentially the same game. As Theo explained, this new code functions like the original source code, but is not identical.As of now, Theo's fork has been restored to GitHub. And, now, everyone waits to see if Rockstar wants to turn this all into an actual legal battle or not.While it’s possible Take-Two could challenge Theo’s counter-claim in court at a later date, this is still a nice win for the Grand Theft Auto III and Vice City modding scene. It’s also another reminder that modders, pirates, and fan developers are often the only ones doing the work to keep old games around in an easily playable form. One would hope Rockstar would see the wisdom in letting this go. It seems hard to imagine how this reverse-engineered code and it allowing modders to try and do new and interesting things with two games that are 20 years old at this point could somehow be a serious threat to Rockstar. More to the point, this is an opportunity for the company to instead embrace and encourage its fans to do these new and interesting things, potentially keeping alive the interest in these games and the franchise as a whole.As to whether Rockstar will see the wisdom in that, well, for now we wait.
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posted at: 12:00am on 12-May-2021
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Appeals Court Says Families Of Car Crash Victims Can Continue To Sue Snapchat Over Its 'Speed Filter'
Furnished content.
A few years ago, the Georgia Court of Appeals kept a lawsuit alive against Snapchat, brought by the parents of a victim of a car crash -- one supposedly encouraged by Snapchat's "speed filter." No Section 230 immunity was extended to Snapchat, which only made the filter available, but did not actually participate (other than as another passenger) in the reckless driving that resulted in the accident that left another driver permanently brain damaged.Removing this case to federal court most likely would not have helped. Another lawsuit against Snapchat over its "speed filter" has been allowed to move forward by the Ninth Circuit Court of Appeals. (via Ars Technica)This case involves another tragic car accident and the use of Snap's app and "speed filter." From the decision [PDF]:According to the Parents’ amended complaint, Jason Davis (age 17), Hunter Morby (age 17), and Landen Brown (age 20) were driving down Cranberry Road in Walworth County, Wisconsin at around 7:00 p.m. on May 28, 2017. Jason sat behind the wheel, Landen occupied the front passenger seat, and Hunter rode in the back seat. At some point during their drive, the boys’ car began to speed as fast as 123 MPH. They sped along at these high speeds for several minutes, before they eventually ran off the road at approximately 113 MPH and crashed into a tree. Tragically, their car burst into flames, and all three boys died. One of the people in the car opened Snapchat and enabled the "speed filter" minutes before the fatal accident. According to the allegations, a number of Snapchat users believed (incorrectly) Snapchat would reward them (the ruling doesn't specify with what) for exceeding 100 mph. That's where the allegations tie Snapchat to reckless driving by end users. It isn't much, but it's apparently enough to allow the lawsuit to move forward.And it's these specific allegations that allow the lawsuit to avoid the expected Section 230 immunity defense. The plaintiffs don't claim Snapchat isn't a publisher of third-party content. They don't even argue this lawsuit centers on the "speed filter" post made shortly before the accident. Instead, they argue the app itself -- with its attendant (but now removed) "speed filter" -- is negligently-designed, leading directly to the tragedies at the center of this suit.It is thus apparent that the Parents’ amended complaint does not seek to hold Snap liable for its conduct as a publisher or speaker. Their negligent design lawsuit treats Snap as a products manufacturer, accusing it of negligently designing a product (Snapchat) with a defect (the interplay between Snapchat’s reward system and the Speed Filter). Thus, the duty that Snap allegedly violated “springs from” its distinct capacity as a product designer. Barnes, 570 F.3d at 1107. This is further evidenced by the fact that Snap could have satisfied its “alleged obligation”—to take reasonable measures to design a product more useful than it was foreseeably dangerous—without altering the content that Snapchat’s users generate. Because of that, the only discussion of Section 230 is to explain why it's not an appropriate defense in this case.That Snap allows its users to transmit user-generated content to one another does not detract from the fact that the Parents seek to hold Snap liable for its role in violating its distinct duty to design a reasonably safe product. The Ninth Circuit says the filter is first-party content and it's Snapchat's software that's the problem.Snap indisputably designed Snapchat’s reward system and Speed Filter and made those aspects of Snapchat available to users through the internet. The lawsuit heads back down to the district level, where the lower court originally dismissed this case on Section 230 grounds. The plaintiffs will get another chance to amend their lawsuit to fully flesh out arguments -- namely, Snapchat's allegedly-negligent design -- that weren't fully addressed the first time around.There's a chance another round of litigation may result in a win for Snapchat. The plaintiffs still need to fully connect Snapchat to the reckless driving committed by the victims of the car crash. It may not be enough to simply say the presence of a "speed filter" is responsible for this tragic outcome. After all, Snapchat has millions of users and presumably a majority of those managed to refrain from driving recklessly even with the supposed incentive of being rewarded before Snap removed the "speed filter" option.
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posted at: 12:00am on 12-May-2021
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