Categories
Take-Two

Judgement – Serious doubts about viability of AC TPM claims

46 On the evidence before me there is nothing to indicate whether the anti-cheat tools the respondent admits he interfered with (or circumvented) are access control technological protection measures as defined in s 10 of the Copyright Act. In order for the anti-cheat tools to come within that definition, it would be necessary that they, in the normal course of their operation, control access to copyright works. Based on Mr Anderson’s description of the anti-cheat tools, they do not control access to the work. I therefore accept that the respondent has, at least on the evidence before me, an arguable defence to the claims made against him under ss 116AN and 116AO of the Copyright Act.

69 My present view is that it would not be appropriate to grant the applicants any relief for contravention of either s 116AN or s 116AO of the Copyright Act. On the very limited evidence before me, I am not persuaded that the applicants have shown that they are entitled to any relief for contravention of either of those sections. I am not disposed to grant the applicants the declaratory or injunctive relief they seek in the absence of further evidence which it will be open to them to call at a trial of the proceeding confined to the issues arising under s 116AN and s 116AO of the Copyright Act and the quantification of the applicants’ claims for pecuniary relief.

Full judgement available at https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2021/2021fca1024

Categories
Legal Take-Two

Speed Kills

Just a reminder that CV-19 isn’t the only danger out there, we should all watch out for Abstract Mode‘s dangerous drifting.

Here’s an old YouTube video made in late 2018 to remind everyone: sometimes modding is just modding, and ‘aint nothing wrong with that.

Categories
Take-Two

2018-12-05 – Interlocutory order

This is what was filed with the court, and what ultimately resulted in the Applicants’ deciding to agree to a short-order (that’s where both parties agree on a course of action), and the resultant order mentioned in this terribly biased report by zdnet.

https://www.zdnet.com/article/australian-court-awaits-paypal-to-release-funds-of-alleged-gta-v-software-cheat/

By presenting a short-order to the court, the Applicants’ avoided the risk of the court ruling against them, which would have been super embarrassing in the Public Relations department.

P.S. Here’s a fun game to play… when-ever anything about a cheating/modding legal action (whether positive or negative) is published, take a look a Take-Two’s stock price. Maybe I’m biased, but it seems that every time anything to do with cheats appears in an article, the stock price drops. My theory is that it reminds all the prospective investors who are keen to cash in on RDR2 micro-transactions, that they really jumped the shark the last time they tried.