Take-Two and Rockstar lawyers don’t appreciate his VR ports
Last Friday, we introduced you to Luke Ross: a modder who now makes $20,000 a month on Patreon bringing big games like Grand Theft Auto V and Red Dead Redemption 2 to virtual reality. But the publisher of those games, Take-Two Interactive, was apparently not amused — and Patreon is now threatening to suspend his account unless he plays ball with a DMCA takedown.
What does Take-Two want him to do? That’s not actually clear, but it’s looking like Ross will be forced to remove his VR mods anyhow.
Here’s a copy of the message Ross says he received from Patreon on Wednesday morning, as provided to The Kupon4U:
As you can see, there’s not a lot of room to negotiate there. Patreon clearly states Ross has to remove “all copyrighted works” even if he appeals. And according to Patreon’s DMCA FAQ page, he’s only got 48 hours to comply, even though Ross tells us he wasn’t actually provided with a copy of Take-Two’s DMCA takedown request and doesn’t know what they’re asking him to remove.
What’s a modder to do? In a public blog post, Ross says he doesn’t believe he’s actually hosting any copyrighted material. “[N]one of my modifications are built using software belonging to Take-Two Interactive Software, Inc, and the modifications are not intended to replace their games, nor are they a means of exploiting Take-Two Interactive Software, Inc’s proprietary IP or assets.” You have to buy the original game for them to work.
Take-Two is notoriously litigious
But the “they’re just mods” argument hasn’t stopped Take-Two before. There has been wave after wave of GTA V modding crackdowns, and the company’s even filed a lawsuit when a DMCA takedown wasn’t scary enough. Take-Two CEO Strauss Zelnick even defended the company’s behavior in a 2021 earnings call, trying to explain that Take-Two doesn’t necessarily hate mods. “That said, if the economy is threatened, or if there’s bad behavior, and we know how to define that, then we would issue a takedown notice,” he said. Back then, it seemed like the mod crackdown was clearing the way for remastered Grand Theft Auto games; we haven’t heard about an official GTA V VR mode, but it is true that San Andreas is coming to VR. It’s possible Take-Two believes Ross’s mods will dry out demand for official VR titles. Take-Two has also filed lawsuits against mods that enable cheaters, which is obviously a little less controversial.
Take-Two didn’t respond to our request for comment.
Because he’s on Patreon, Ross doesn’t have a lot of options, and he believes he’ll likely be forced to take down every last mention of Rockstar’s games from the site even if Take-Two doesn’t explain itself one bit. Here’s how his post ends:
Patreon spokesperson Ellen Satterwhite tells The Kupon4U that the company will indeed reach out to Take-Two for more info about what’s actually being claimed and has offered to connect both parties directly to clear things up. “We very much hope direct communication between the parties will be productive,” reads part of a statement to The Kupon4U. Ross plans to try that.
We’ve asked Patreon whether the 48-hour time limit is still in effect or if Ross can wait until Take-Two makes its demands clear before he cleans house.
Ross tells me he doesn’t regret doing the Verge interview, even though it might spell disaster for his Patreon. He says: “In the battle to spread the message that it’s only the studios’ and publishers’ will (or lack thereof) that stops AAA games from being ported to VR, this is probably a sad but necessary step.”
You can read more about that supposed battle in our original story.
