Popular titles likeRed Dead Redemptionoften gain a large fan community filled with fan artists, theorists, and modders who extend their appreciation beyond the game itself and create new content on their own. However, while some players have shown their appreciation with innocent nods at the game, like aLego revolver fromRed Dead Online, modders find themselves in a much murkier situation as they begin stepping in the realm of copyright.
One modder in particular, who goes by DamnedDev in online forums, has run into legal trouble with Rockstar Games' parent company Take-Two Interactive over aRed Dead Redemptionmod currently in development. Previously announced back in August, 2019, the mod has been caught up in an extended legal battle, due in large part to the use of copyrighted materials from the game.
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The mod in question, dubbed theDamned Enhancement Project, started in 2019 with the intention of bringing the originalRed Dead Redemptionto PC for the first time ever, by porting the entire game over to the new platform with updated graphics. However, not long after the mod was announced, and preliminary photos of the updatedRed Dead Redemptionmapand retextured locales released, Take-Two Interactive quickly moved to have the fan creation taken down. Initially contacting DamnedDev privately with cease and desist orders, a lawsuit was eventually levied against the modder, claiming that the Enhancement Project violated the company’s copyright and licensing agreements.
DamnedDev initially attempted to shake off the lawsuit by referencing a part of Take-Two’s policies, claiming that the company will not pursue legal action for third-party projects pertaining to single-player PC mods. However, it would appear that the New York court in which the lawsuit was filed did not accept the justification, as the case continued into arbitration after this initial defense. In the end, DamnedDev was eventually forced to admit that theRed Dead Redemptionmodwas in fact an infringement of copyright, although the modder was fortunately not forced to award damages to Take-Two for the violation.
TheEnhancement Projecthad become a fairly popular modding project among the community, which is likely what drew the attention of Take-Two in the first place. In the case of protecting copyright, the issue likely rose from the way that the mod would have made the entire game free for players on PC, unless DamnedDev charged a premium for access. Considering the cost of contracting Rockstar to construct the intricate details andstorylines ofRed Dead Redemption, it is understandable that the parent company would want complete control over distribution of the series.
