"So we went the normal route: one of our team members filed a counterclaim with GitHub and after a waiting period of about 14 days the repo got reinstated." So in fact we're only making them money and we figured it would be unwise of them to actually go after us. "This was the reason for quite a few people to purchase the game from Take-Two to play it on their favourite platforms. "We figured we have a good case for fair use on the grounds that we are improving and fixing the game as well as bringing it to new platforms," aap told Eurogamer over the weekend. "We believe that any code in this repo that is similar to code or other content owned by Take-Two is either unprotected by copyright or is permitted under fair use," reads the counterclaim. In its counterclaim, aap and co claimed fair use.
So far, Take-Two has done nothing in response. According to DMCA rules, disputed content must be restored between 10 and 14 business days, unless the rightsholder takes legal action. Rather, GitHub has followed DMCA procedure here. This latest development is not evidence Take-Two has backed down.
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