The creator of the Cyberpunk 2077 VR mod CD Projekt recently hit with a DMCA strike has paused his Patreon page and pulled access to all his mods after receiving another strike from a different publisher.
Looks like the Ghostrunner developers also have an issue with paid mods running off their IP.
He’s using their IP to advertise his commercial product - a paid mod that supports their game. This use of IP generally isn’t considered fair use. It’s not the fact that it supports the game that’s a violation, it was the advertising that was more my point.
And then as DMCAs generally go, companies overreact (like Patreon) and overreach. I don’t think CD Project Red could reasonably have done anything if all this was was a footnote that his mod supports CP2077 and the advertising was happening via content creators plugging it - or otherwise off Patreon. But because he happens to use their IP to advertise directly, this was the outcome.
I’m not a lawyer though, there is probably more at play here.
That makes zero sense. DMCA the offending videos/images then. You can’t extend DMCA to related things that don’t infringe. That makes absolutely no sense.
I can’t load those links so I’m not sure what you are referring to but broadly speaking, I don’t see the issue with using a trademark in the context of advertising that your product is compatible with another product. It’s not fundamentally different than an advertisement for an iPhone case using Apple trademarks to convey that it’s a compatible product when it’s not made by Apple.
Additionally, this seems incorrect because from everything I have seen they specifically refer to the software as being in violation of their IP. I haven’t seen anything where they suggest his use of their trademarks in advertising is the issue.
He did violate their IP, just not with the mod itself but the advertising / his posts - at least in my uneducated opinion.
Take these examples:
https://archive.is/xKCtk https://archive.is/bfg53
He’s using their IP to advertise his commercial product - a paid mod that supports their game. This use of IP generally isn’t considered fair use. It’s not the fact that it supports the game that’s a violation, it was the advertising that was more my point.
And then as DMCAs generally go, companies overreact (like Patreon) and overreach. I don’t think CD Project Red could reasonably have done anything if all this was was a footnote that his mod supports CP2077 and the advertising was happening via content creators plugging it - or otherwise off Patreon. But because he happens to use their IP to advertise directly, this was the outcome.
I’m not a lawyer though, there is probably more at play here.
That makes zero sense. DMCA the offending videos/images then. You can’t extend DMCA to related things that don’t infringe. That makes absolutely no sense.
I can’t load those links so I’m not sure what you are referring to but broadly speaking, I don’t see the issue with using a trademark in the context of advertising that your product is compatible with another product. It’s not fundamentally different than an advertisement for an iPhone case using Apple trademarks to convey that it’s a compatible product when it’s not made by Apple. Additionally, this seems incorrect because from everything I have seen they specifically refer to the software as being in violation of their IP. I haven’t seen anything where they suggest his use of their trademarks in advertising is the issue.