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Stories filed under: "gta"

Rockstar Releases Same Buggy, Broken ‘GTA Trilogy’ Game To Steam… But On Sale!

from the well-that's-one-solution dept

Over a year ago, we discussed an annoying and strange set of actions taken by Rockstar and Take2, the companies behind the popular Grand Theft Auto series of games. Two actions were taken in sequence by those companies that were clearly related. First was that they worked to get a fan-made GTA 4 mod taken down, after learning that the mod essentially brought the cities and some of the gameplay from previous GTA games into GTA 4. Shortly after that was done, Rockstar released GTA Trilogy, which was a re-release bundle of those same older games the mod was incorporating. The problem is that GTA Trilogy was such a broken mess that the company had to pull the games out of online stores almost immediately. The launcher for the game was broken, the games were buggy as hell, and so on.

So why are we talking about this again? Well, GTA Trilogy is getting released again, on Steam first. But if you thought the bugs had been worked out and all is well with the title… LOL, no. Instead, a buggy version is being released again as is, but this time on sale!

Today, after some leaks and rumors, Rockstar Games released Grand Theft Auto: The Trilogy – Definitive Edition on Steam. The good news: It’s on sale, meaning you can grab all three classic games for cheap. The bad news: It’s the same infamously messy remaster that hasn’t received a substantial update since nearly a year ago. As you might expect, folks ain’t too happy about the situation.

Rockstar ultimately had to apologize to the community because the remasters were so awful. Eventually, Rockstar and Grove Street Games did fix some of the problems players had cataloged online. But the last major update for the game was in February 2022. Since then, the remastered trilogy has remained in a fairly rough state. So it doesn’t seem like the best time to release it on a new platform and yet, here we are.

$30 for three games really should sound like a good deal. But the public fully knows how buggy these games are and it’s completely tone-deaf to release those buggy games with the only give-back being a discount on price. And if you want to speculate that Rockstar has some patch in the works to un-break the games, keep in mind that the trilogy has been off the market for over a year now. There was plenty of time to fix the title before re-releasing it. I also imagine that buyers would prefer to have a completely working game rather than a discount on a broken one.

While some hold out hope that Rockstar will still swoop in, patch these games up and fix all the visual bugs and other problems, that seems more unlikely after today. Instead, it seems this is as good as things are going to get. Not to mention that Rockstar has plans to release these games on the Epic Store later this month, too. It does seem as if the time to fix GTA III, Vice City, and San Andreas has run out and Rockstar is ready to move on. What a shame.

It’s not just a shame; I struggle to understand how this move makes any sense at all. Discount or no, the release of a buggy game is going to get Rockstar absolutely murdered in terms of customer responses to this whole situation. It’s making the mistake it made over a year ago all over again, but telling the public to be satisfied with a discount on the game.

As they say, when you’re in a hole, the first step is to stop digging.

Filed Under: bugs, gta, gta trilogy, steam, video games
Companies: rockstar games, take 2, valve

Rockstar Tries To Bury ‘GTA6’ Leak With DMCAs, Streisands Them Instead

from the paging-ms.-streisand dept

At this point, we probably have enough stories about companies trying to bury leaked information or content that hasn’t been publicly released via DMCA takedowns that it warrants its own metatag. It’s both amazing and frustrating that this is still a tactic companies, particularly tech companies, think somehow works. It doesn’t. Once a leak is out on the internet, the game is already over. That footage is out there, and trying to do battle with internet to disappear it just isn’t going to work.

Which brings us to Rockstar Games. Days ago, Rockstar acknowledged that its internal corporate network had suffered an intrusion. As a result, a bunch of data and files were exfiltrated, including footage of the Grand Theft Auto 6 game that is in active development and the source code for past GTA games.

Let’s acknowledge first that nobody is cheering for companies to be attacked like this. Or, at least, nobody reasonable. Let’s also acknowledge that a game developer having raw footage of an unfinished AAA game being released into the wild must be incredibly stressful and frustrating. All the obvious questions emerge. Will the public take this as an indication of the quality of the finished project? How does this change their marketing strategies? Does any of the footage include enough information to give competitors a look at proprietary advancements within the game? Does any of this push back the development and release timeline?

All of that is entirely understandable. And, for the purposes of this Techdirt post, entirely besides the point. Because like many of Rockstars peers that have gone through this in the past, instead of trying to acknowledge the leaked footage in a PR mode that would be built around messaging to any members of the public that might view the leak and reach the wrong conclusions, Rockstar instead decided to just try to play DMCA whac-a-mole with the entire internet.

The effects of this weekend’s GTA VI leaks are going to be long-lasting, but the immediate aftermath is already bemusing enough to chronicle. As you might expect, Take-Two is launching into a full-on Streisand manoeuvre and trying to DMCA any and all footage from the leak. At the same time, the source code for GTA V appears to be being offered for sale, while the origin of the leak is playing whack-a-mole against himself. And just this minute, Rockstar have confirmed the leak as real.

Indeed it did. In fact, by DMCAing all of this leaked content, Rockstar even lost what little chance it had to simply not comment on any of this, which would have left the public unsure of if the leak was even real. If Rockstar is DMCAing it, it’s real.

And while, sure, some of the content has been taken down by DMCA notices around the internet, the content is still out there for you to find if you search for it with a bit of a can-do attitude. And now many, many more people know about the leak and that the content exists, all because of Rockstar’s decision to engage in a sure-to-fail battle with a resilient internet designed to route around this sort of thing. The Streisand Effect, in other words.

Now, it appears that the person who penetrated Rockstar’s corporate network is open to the idea of blackmailing the company, with some evidence that he or she is taking bids to not leak more content. And that sucks. But attempting to bury this leak once it’s already out in the wild makes as much sense as attempting to un-grill a bone-in ribeye.

It ain’t going to work and, meanwhile, your cooked steak is getting cold.

Filed Under: copyright, dmca, gta, gta 6, streisand effect, takedown
Companies: rockstar games

'GTA' Modding Group Doesn't Fold, Fights Back In Court Against Take-Two, Rockstar

from the mod-squad dept

We’ve been talking a great deal about Take-Two Interactive and Rockstar Games lately as it relates to their aggressive actions on modding communities for the Grand Theft Auto series. This new war on modders really kicked off over the summer, with the companies looking to shut down a bunch of mods that mostly brought old GTA content into newer games for retro fans. Then came one modding group managing to reverse engineer the game to create its own version of the source code, which it posted on GitHub. Rockstar DMCA’d that project, but at least one modder managed to get GitHub to put it back up. That project was called “GTA RE3” and was supposed to be the basis to let other modders do all sorts of interesting things with the game from a modding standpoint, or to forklift the game onto platforms it wasn’t designed for, say on a Nintendo console. Take-Two and Rockstar then cried “Piracy!” and filed a lawsuit.

That’s typically where the story would end. The modding group would hide or run away if they could, or they would settle the suit for fear of a long and protracted legal process. But that doesn’t appear to be the case here, as the four men behind RE3 have responded to the suit, denying all accusations and asserting fair use. The response from the modder’s attorneys is embedded below, but mostly consists of outright one-sentence denials or assertions that the claims in the suit aren’t such that they have enough knowledge to affirm or deny them, and therefore deny them. But there are also some nuggets in there that tease out what the defense would be if this thing proceeds.

Right off the bat, the defendants assert that anything they did in connection with their GTA 3 and Vice City projects were actions protected by fair use under the Copyright Act. If any copying of copyright-protected material did occur, that was undertaken to allow for interoperability of software and fixing bugs present in the original titles.

As a result, any alleged ‘reverse engineering’ of original code represents a transformative use of that content, i.e it added something new, with a further purpose or different character, and did not substitute for the original use of the work.

This is an interesting take. From what I’ve read on the project, you would typically need to have the source material, the original games, in order to make use of any of this code. That brings up the obvious question of whether there is any actual concern here of this reverse engineered code itself directly competing with the official games, particularly given that much of what this team did was done to patch bugs and apply fixes to games that Rockstar hasn’t patched themselves for years and given how Take-Two has screwed around with how the public can even buy these games.

Another important fact highlighted in the answer to the complaint is that the defendants’ modifications are useless in their own right. In fact, anyone who wished to make use of ‘re3’ and ‘reVC’ could not do so without already possessing copies of GTA 3 and Vice City, games that Take-Two stopped making available for purchase on its online stores.

This leads to the question of whether the alleged conduct of the defendants affected the market for those games and if so, in what way. According to the answer, the mods did not affect the market but to the extent they did, any shift would’ve been positive since people needed to purchase the games to use the mods.

Notably, Rockstar has taken a far different route when it has come to dealing with other mods that improve aspects of GTA games in the past. One example would be a modder who essentially fixed long-loading times in GTA Online, only to have Rockstar pay them for it. And yet with RE3, where the stated aim of the modders was similar, it’s all DMCA takedowns and lawsuits. And that mod wasn’t the only one, nor apparently the only “approved” of mod that required reverse engineering of the source code.

Take-Two has previously allowed third parties to develop mods of its software (including for GTA 3 and Vice City) without any adverse action in response. That’s according to the answer which states that Take-Two (or its “subsidiaries or predecessors interest”) have “showcased” mods and even released portions of its software to the Multi Theft Auto (MTA) mod project.

“These supported, encouraged, or allowed ‘mod’ projects, upon information and belief, required the reverse engineering of software just as Defendants are alleged to have undertaken. Upon information and belief, Defendants had an implied license to undertake any complained of actions or Plaintiff abandoned is copyright,” the answer reads.

It’s also notable that the response denies that any of this work was done within the United States. The response therefore questions why American copyright laws are being applied to activity that occurred outside of the country.

Will any of this work? That’s obviously a question for the courts and/or a jury trial, but it is worth noting that all of this is not occurring in a vacuum. Instead, Take-Two and Rockstar have had a hell of a couple of weeks of bad press due to a botched release of GTA Trilogy and the disruption of its game launcher that made many of its PC games unplayable. To be in the midst of all of that and then be fighting these modders who are simply trying to make the games people have bought, or will buy, more playable is one hell of a bad look.

Filed Under: copyright, fair use, gta, gta re3, modding, video games
Companies: rockstar games, take two interactive

Take-Two, Rockstar Continue DMCA Blitzing Mods And Save Games For GTA

from the mod-squad dept

Usually when a company does something that results in a public backlash, that company will stop digging holes. Over the summer, we wrote about Rockstar Games and its parent company, Take-Two Interactive, starting a war on modding communities for the Grand Theft Auto series. After years of largely leaving the modding community alone, these companies suddenly started targeting mods that were chiefly designed to put content or locations for older GTA games into GTA5. While the public was left to speculate as to why Take-Two and Rockstar were doing this, the theory that perhaps it meant they were planning to release remastered versions of older games eventually turned out to be true when GTA Trilogy was announced. In other words, these companies were happy to reap all the benefits of an active modding community right up to the point where they thought they could make more money through a re-release, at which point the war began.

And, as we also covered recently, the PC release for GTA Trilogy went roughly as horribly you can imagine. While the game was released and purchased by many, mere days afterwards Take-Two not only delisted those games from marketplaces, but also experienced “unscheduled maintenance” on Rockstar’s game launcher, meaning owners of that game and several other Rockstar games couldn’t play the games they’d bought. That eventually got corrected several days later, but it was a terrible look, especially when combined with how little information Rockstar provided the public as it was going on. Many paying customers were very, very angry.

So, did Take-Two and Rockstar reverse course? Nope! Instead, it seems that the war on the modding community is only accelerating.

On November 11, according to the folks over at the GTA modding site LibertyCity, Take-Two contacted them and used DMCA strikes to remove three different GTA-related mods. The three removed mods are listed below:

-GTA Advance PC Port Beta 2

-The Lost and Damned Unlocked for GTA 4

-GTA IV EFLC The Lost And Damned (65%)

So, what are those mods? Well, the first is a fan project to take the contents and storyline of GTA Advance, a Gameboy Advance game, and porting them into the GTA3 engine. So, again, a retro game port. The second is a simple mod that allows a player to play GTA4 as a different protagonist character from some DLC. Why Rockstar felt this mod is a threat is beyond me. And the third, GTA IV EFLC The Lost And Damned, is simply a save file for that DLC with 65% of the game completed. It’s not a mod at all and so it is completely unclear why this would have been targeted for a DMCA takedown, unless Rockstar wants to argue that publishing a save file is somehow copyright infringement.

But since it is happening and, just like like last time, Take-Two and Rockstar aren’t bothering to communicate about any of this, it’s all left to speculation.

Because of what happened last time, some are speculating that these takedowns are evidence that a GTA IV remaster might be coming sometime in the future. According to sources who have spoken to Kotaku in the past about Rockstar’s future remasters, GTA IV as well as Red Dead Redemption remasters are possible. Though plans can and do change and with the recent backlash facing the GTA remasters, Rockstar might be more hesitant to greenlight future re-releases.

Regardless of if these takedowns are evidence of a future GTA IV remaster or not, it still is a frustrating situation for modders and community devs who have spent decades improving, porting, and maintaining the classic GTA games, allowing fans to play them years after Rockstar had moved on. Kotaku spoke to some modders who seemed fed up with Rockstar and many more have moved on to other games from other companies, worried about the potential legal pitfalls for continuing to mod Grand Theft Auto titles.

And so the modding community for Rockstar games gets at least a little less vibrant. Maybe the company is fine with that, but they damned well shouldn’t be. As we’ve discussed for years, modding communities are great for game companies. They keep old games fresh, keep up interest in older games, make old and new games more interesting and appealing by inputting new content, and basically work almost solely to provide free content to game companies as labors of love.

Why Rockstar and Take-Two would want to bite this hand that very much feeds them is a mystery to me.

Filed Under: copyright, dmca, gta, modding, retro games, takedowns
Companies: rockstar, take two interactive

Rockstar's GTA Retro Games Was Completely Broken And Support Was Ghosting Everyone

from the more-like-grand-theft-notto-amirite? dept

You may recall that a couple of months ago we discussed Rockstar and Take2, the game studio and publisher behind the Grand Theft Auto series, taking down a fan-made GTA4 mod that aimed to put all of the cities from previous games in one massive map. While this was a labor of love by dedicated fans of the GTA series, it escaped nobody’s attention that this action was taken on a mod started in 2014 just as Rockstar was about to release GTA Trilogy, consisting of remastered versions of GTA3, Vice City, and San Andreas. The very cities the mod looked to input into GTA4. In other words, the fan project was only shut down when the game companies decided to try to make money off this retro love themselves.

So how’s it going? Well, not too fucking great on the PC side considering that the PC version was pulled down basically everywhere.

Something has gone very, very wrong since yesterday’s launch of GTA Trilogy on PC. As of last night, all mention of a PC version has been removed from Rockstar’s own site, and the Rockstar Games Launcher app has gone completely offline. Anyone who bought the remastered collection before it vanished is currently unable to play.

It has been at least 18 hours since the sudden disappearance of the PC’s GTA Trilogy, and Kotaku can confirm that the Launcher is not working. Which means all Rockstar PC games, including Red Dead Redemption 2 and GTA Online, are currently impossible to play.

You read that right. The PC Rockstar Launcher, responsible for letting gamers play the games they bought, was borked. On Twitter, Rockstar’s support had only been so transparent as to say that the launcher is down due to “maintenance”. Unscheduled or unannounced maintenance, as it turns out. And maintenance that lasted several days. Now, you could get the launcher to work in offline mode… for those who know how to do that. But paying customers were left to figure it out for themselves because Rockstar’s support only sent two tweets out during that downtime with barely any details.

As of Monday, Rockstar finally got its launcher working again and the GTA Trilogy back to being available for purchase and play. But as to what caused all of this, Rockstar is as opaque as ever. Whether something related to the GTA Trilogy title is somehow related to all of this isn’t entirely known…

…but it is the case that people recently bought those titles and couldn’t play them. Bad communication from the company to the public is compounding, at least in this writer’s head, with the effort it put into shutting down a fan-made work and labor of love that would have given GTA fans some retro thrills.

And to make matters a bit stranger, Rockstar had previously delisted its PC version from all 3rd party marketplaces.

For whatever reasons, Rockstar chose to remove all versions of GTAs III, Vice City, and San Andreas from alternative PC stores—including Steam—ahead of this launch, meaning its bespoke software is now the only way to buy and play the games. Or indeed, the only way to not play it.

And so Rockstar customers were left to the tender mercies of a company that doesn’t seem to feel like telling them what’s going on. All while trying to prevent fan-made game mods from being a thing. Not a great look.

Filed Under: availability, broken, customer support, gta, gta trilogy, video games
Companies: rockstar games

Rockstar Begins A War On Modders For 'GTA' Games For Totally Unclear Reasons

from the mod-squad dept

There are two types of video game publishers: those that embrace their modding communities and those that do not. The latter group is in something of a spectrum. iD Software, for instance, has long kept the modding community open and operating on its Doom titles, while developer 1C embraced its modding community so much that it built some mods into official releases. Other publishers have gone into full restriction mode, shutting down modding communities and even going after them over supposed copyright infringement violations.

Rockstar Games has previously had its own run-in with its modding community, banning modders who attempted to shift GTA5’s online gameplay to dedicated servers that would allow mods to be used, since Rockstar’s servers don’t allow mods. What it’s now doing in issuing copyright notices on modders who have been forklifting older Rockstar assets into newer GTA games, however, is totally different.

Grand Theft Auto publisher Take-Two has issued copyright takedown notices for several mods on LibertyCity.net, according to a post from the site. The mods either inserted content from older Rockstar games into newer ones, or combined content from similar Rockstar games into one larger game. The mods included material from Grand Theft Auto 3, San Andreas, Vice City, Mahunt, and Bully.

This has been a legally active year for Take-Two, starting with takedown notices for reverse-engineered versions of GTA3 and Vice City. Those projects were later restored. Since then, Take-Two has issued takedowns for mods that move content from older Grand Theft Auto games into GTA5, as well as mods that combine older games from the GTA3 generation into one. That lead to a group of modders preemptively taking down their 14-year-old mod for San Andreas in case they were next on Take-Two’s list.

All of this is partially notable because it’s new. Like many games released for the PC, the GTA series has enjoyed a healthy modding community. And Rockstar, previously, has largely left this modding community alone. Which is generally smart, as mods such as the ones the community produces are fantastic ways to both keep a game fresh as it ages and lure in new players to the original game by enticing them with mods that meet their particular interests. I’ll never forget a Doom mod that replaced all of the original MIDI soundtrack files with MIDI versions of 90’s alternative grunge music. That mod caused me to play Doom all over again from start to finish.

But now Rockstar Games has flipped the script and is busily taking these fan mods down. Why? Well, no one is certain, but likely for the most obvious reason of all.

One reason a company might become more concerned with this kind of copyright infringement is that it’s planning to release a similar product and wants to be sure that its claim to the material can’t be challenged. It’s speculative at this point, but that tracks with the rumors we heard earlier this year that Take-Two is working on remakes of the PS2 Grand Theft Auto games.

In other words, Rockstar appears to be completely happy to reap all the benefits from the modding community right up until the moment it thinks it can make more money with re-releases, at which point the company cries “Copyright!” The company may well be within its rights to operate that way, but why in the world would the modding community ever work on Rockstar games again?

Filed Under: copyright, gta, modders, video games
Companies: rockstar games

One Developer Gets GTA3 And Vice City Source Code Un-DMCAd On GitHub

from the rockstar dept

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.

Filed Under: copyright, dmca, gta, gta3, source code
Companies: rockstar

Modder Solves 'GTA Online' Loading Time Problem, Gets Paid By Rockstar For It

from the mods-are-your-friend dept

When it comes to how the video game industry interacts with modding communities, it can be frustrating just how often companies see modders as a menace. Nintendo has a long, long history of treating mods as a threat to its control, but it is certainly not alone. But modding by and large is not a threat to game makers. Actually, it’s a boon. Mods tend to make games more interesting to more people and can often lengthen the lifecycle of a particular game.

And sometimes a mod can simply fix a game. That is what a coder, going by the name t0st, did for the long loading times in Grand Theft Auto Online.

A couple of weeks ago, we reported that a Grand Theft Auto Online player sick of the game’s notoriously long load times took matters into his own hands, broke out the disassembler, and crafted his own fix. The long load times were due to the inefficient way that the GTA Online developers chose to parse and then sort the data in a large multi-megabyte JSON file.

The fix—created by a coder known as t0st—resulted in a 70-ish percent decrease in loading times, going by t0st’s own informal benchmarks. For players suffering from the JSON parsing issue, this means that they only have to wait perhaps one or two minutes to enter a GTA Online game, rather than the six-plus minutes they were previously stuck watching the loading screen.

Now, it’s easy to see how Rockstar Games could have handled this poorly. The company could have chosen to feel embarrassed by this modder fixing its product. It could have simply seen a change in coding for its game through a mod as a threat. It could have claimed that all of this was unauthorized and therefore copyright infringement.

Instead, Rockstar reached out to t0st, reviewed his work, and paid him for it.

In the two weeks since t0st’s fix was made public, GTA Online developer Rockstar got in contact with t0st and acknowledged that t0st had indeed fixed a legitimate issue with the game and that he’d be receiving a $10,000 payment under Rockstar’s bug bounty program.

It’s worth noting that there is no indication t0st did this work because of the bounty program. He or she appears to simply be a fan of the game but not the loading times. By not seeing everything through a prism of control, Rockstar got its game fixed.

All of this serves as a reminder that the biggest fans of good content can be the biggest contributors to that content in ways that mean more interest and sales for the game. If you let them.

Filed Under: bug bounty, gta, gta online t0st, modders, support
Companies: rockstar

Illinois Lawmaker Proposes Unconstitutional Ban Of 'GTA' In Response To Carjackings

from the jacked-up dept

If ever there were a stupid, unconstitutional notion that appears to be evergreen, it must certainly be attempts at outright banning games from the Grand Theft Auto series. While a certain segment of public officials have long sought to blame video games generally for all the world’s ills, the GTA series has been something of a lightning rod for attempted censorship. Honestly, it’s not totally impossible to understand why. The game is a violent, humorous parody of modern American life and pop culture, taken to such extremes so as to artistically point out the flaws in our society.

You know… art.

Art which is protected by the First Amendment and thus protected by attempts at government censorship. Which doesn’t keep public officials from trying to ban it anyway. The most recent example of this is one Illinois lawmaker suggesting the entire state ban sales of the game because of an uptick in car-jackings in Chicago.

An Illinois lawmaker has a new response to the recent surge in carjackings around the Chicago area — banning a popular video game. State Rep. Marcus Evans said during a press conference Monday morning in south suburban Olympia Fields that video games are contributing to the carjacking surge across the area. Evans said he plans to introduce a bill to ban sales of the game in Illinois.

“‘Grand Theft Auto’ and other violent video games are getting in the minds of our young people and perpetuating the normalcy of carjacking,” Evans said. “Carjacking is not normal and carjacking must stop.”

Unfortunately, artistic takes that reflect our society are normal and, in fact, celebrated. And while an uptick in crime is certainly a cause for worry, it’s also worth noting that the last GTA game came out in 2013. Why the series is now a suddenly responsible for an increase in car-jackings goes unexplained by Evans, but seems to represent a massive flaw in his logic.

Evans is getting much of this from a local anti-violence activist, Early Walker.

Walker agreed with Evans’ conclusion about the game, in which players steal cars as part of a larger plot of organized crime.

“Representative Evans and I have researched and concluded that these very young offenders of carjacking are greatly influenced by the Grand Theft Auto video game,” Walker said. “I truly believe that there is bipartisan support in Springfield to ban this game from being sold in Illinois.”

Fortunately, it could have the support from literally every citizen in the state of Illinois and it still wouldn’t matter. Banning the game would be plainly unconstitutional. The Supreme Court codified video games as protected speech protected from government bans in 2011. A fact, actually, that Illinois lawmakers should damned well be aware of. So, this is either grandstanding to accomplish nothing, or it’s an admission that Illinois has elected incompetent buffoons to its state government.

Neither conclusion is particularly encouraging.

Filed Under: 1st amendment, carjackings, gta, illinois, marcus evans, video games

Appeals Court Rules That GTA5 Didn't Infringe On Lindsay Lohan's Likeness Rights

from the now-please-go-away dept

While there are absolutely far too many Techdirt posts featuring celebrity(?) Lindsay Lohan in these pages, most of them deal with one specific issue: her lawsuits against Take Two Interactive. At issue was a character Lohan insisted infringed on her likeness rights because the character is a drunk driver, public-fornicator, and has a backstory as a child actress. If Lindsay wants to insist that her own history lines up with that sort of backstory, I guess I won’t argue with her, but the character has many other aspects that clearly have nothing to do with Lohan. Instead, the character is a parody of the sort the GTA series is famous for, with the target in this case being young celebrity stars and starlets. Coming along for the ride was Karen Gravano, who participated in a reality show about the wives of reported mobsters. Gravano sued over another character in the series with her filings essentially mirroring Lohan’s. Take Two won both lawsuits, both on First Amendment grounds and due to the court finding that the characters were composite parodies, not representations of either Lohan or Gravano. Both plaintiffs appealed.

And now the New York Court of Appeals has ruled in favor of Take Two again in both cases.

Here, the Jonas character simply is not recognizable as plaintiff inasmuch as it merely is a generic artistic depiction of a ‘twenty something’ woman without any particular identifying physical characteristics. The analysis with respect to the Beach Weather and Stop and Frisk illustrations is the same. Those artistic renderings are indistinct, satirical representations of the style, look, and persona of a modern, beach-going young woman. It is undisputed that defendants did not refer to plaintiff in GTAV, did not use her name in GTAV, and did not use a photograph of her in that game. Moreover, the ambiguous representations in question are nothing more than cultural comment that is not recognizable as plaintiff and therefore is not actionable under Civil Rights Law article 5.

You can read the full opinion here, but suffice it to say that this should be the end of this nonsense from Lohan. At the same time, the court also ruled on Gravano’s appeal, with identical findings.

Concurrently with this opinion comes a loss for ex-Mob Wives star Karen Gravano, who brought a similar lawsuit against Take-Two over the character of “Andrea Bottino” in Grand Theft Auto V. The appeals court fails to see a recognizable image there as well.

That should be the end of that as well. One wonders just how much in legal fees both Gravano and Lohan were billed, with the next natural thought being just how much better such funds could have been used other than to engage in a prolonged legal fight without merit, with almost no chance of success, and over an issue that was not injurious to either party? Lohan in particular has a history of looking for paydays in the form of these types of lawsuits, but it’s difficult to see how she could be in the black at this point.

It would probably be best to simply save that money for the future.

Filed Under: grand theft auto, gta, karen gravano, likeness, lindsay lohan, ny, publicity rights
Companies: take two interactive