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ARTICLE · 11 MARCH 2025

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What's in a game? Technological protection measures under the Copyright Act

Piper Alderman
Piper Alderman
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Copyright owners face challenges in protecting their works from unauthorised copying and distribution.

AustraliaIntellectual Property
Tim O’Callaghan
Tim O’Callaghan
Travis Shueard
Travis Shueard
Zara Cox
Zara Cox
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Background

The Parties

The first applicant, Take-Two Interactive Software, Inc (Take-Two) is an American developer, publisher and marketer of popular video games including the well-known "Grand Theft Auto" video game series.1

The respondent, Mr Christopher Anderson, is a developer of software known as the "Infamous Mod" which modifies gameplay of the PC version of the famous game "Grand Theft Auto V".2

The Infamous Mod, when installed, allows players to perform several unauthorised actions within play, such as granting the player teleportation and other "superpowers", providing access to weapons and creating copies of "cash bags".3 These actions were not part of the game created by Take-Two, and were only enabled through installation of the Infamous Mod.

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