After Take-Two Interactive sent a legal letter to Github referencing a copyright infringement lawsuit against the people behind the popular re3 and reVC Grand Theft Auto fan projects, Github has now removed the repositories for a second time. Take-Two has also demanded the removal of many project forks and wants Github to take action under its repeat infringer policy. TorrentFreak reports: Just before the weekend, a new entry in Github’s DMCA repository revealed the existence of a letter (PDF) sent to Github from Take-Two’s legal team. Dated September 9, 2021 (a week after the copyright lawsuit was filed) it informs Github that legal action is underway and it has come to the company’s attention that the contentious content (and numerous ‘fork’ repositories) continue to be made available on Github’s website. “We request that Github take expeditious action to remove or disable access to the materials [in the attached exhibit], together with any other instances of the same materials available within the same primary ‘GTAmodding/re3’ fork network (e.g. in ‘private’ or newly-created repositories),” it reads.
In common with the first DMCA notice, Github has responded by taking the project’s repositories down. Given that the defendants in the case already stand accused of previously sending ‘bad faith’ counter-notices, it seems unlikely that they will follow up with another set of similar responses that will soon be under the scrutiny of the court. Take-Two also follows up with a line that is becoming more and more popular in copyright infringement matters, one that references so-called ‘repeat infringers.’ “Furthermore, it is requested that Github take appropriate measures to prevent further infringement by the parties responsible, including pursuant to any ‘repeat infringer’ policies maintained by Github.”
This means that if any of the contentious content is reposted to Github, Take-Two would like the code repository to implement its own ‘repeat infringer’ process. It states that “in appropriate circumstances and in its sole discretion, [Github will] disable and terminate the accounts of users who may infringe upon the copyrights or other intellectual property rights of GitHub or others.” The letter also provides a laundry list of repository forks that, on the basis they are also infringing, should be removed. While Github appears to have complied in many cases, there are two notable exceptions. After being targeted by earlier DMCA takedowns, Github users ‘td512’ and ‘erorcun’ filed DMCA counter-notices to have their repositories restored. The former previously informed TorrentFreak that he believed Take-Two’s infringement claims to be incorrect. At the time of writing, both repos are still online.
Read more of this story at Slashdot.