I'm not saying I agree with their stance, but we're talking about different matters entirely.
The neat thing is that the device was completely unapproved by the device IP owners, most notably - Nintendo. It required the creators to reverse engineer the NES, crack their anti-pirate measures, and then finally enable a nice interface for users to 'hack' games at the end of it. And then for the icing on the cake they then bought copies of every single NES game, 'cracked' them, and published, and sold, books with codes for specific games precisely profiting off players of these games.
Nintendo tried to sue, and lost. They appealed, and lost. The Game Genie wasn't violating Nintendo's IP, they weren't even harming their sales in any way, shape, or fashion - they probably helped them, if anything. And so it was a pretty much open and shut case with all the legal wrangling lasting mere months. And the exact same is true here. As a fun aside this even set the precedent for legally selling games on consoles without the approval of the console IP owner.
The point is that a derivative work has to be a derivative work, not just something that works with your IP. And this just sounds like a mod that hacks in VR capability for dozens of games that don't otherwise support it. I imagine they'll comply simply because going to court against just one of those companies is going to be a lot easier than fighting it, but it's a shame. Mainstream success seems to have turned into a terrible curse for CDPR.
I would like an even stronger precedent, to say that even if sales are harmed, it's non-infringing. E.g. a car aftermarket customization that improves performance so that it is equivalent to a more expensive model of the same brand, thus harming profits of that car brand. Or hell, just plain old regular repairs, so one can keep an old car for longer.
We don't owe it to corporations to protect their business models.
If Valve was the developer of the VR compatibility software, CD Projekt would get crushed in court.
Adding a VR mode to the game is definitely adding content. If you mean storywise, okay, I agree with you. Still, he's profiting off it in the fact that you need to pay a monthly fee to access the mod.
Even if he claims he's not, he indeed is profiting off it, because there is no way you can use the mod without paying first.
> If Valve was the developer of the VR compatibility software, CD Projekt would get crushed in court.
The difference is that Valve would have asked for permission first from CDPR if they could sell their software, or even then, work together with CDPR to have the software be implemented natively on the game. Plus, Valve has the same stance on paid mods on Steam, so it's not really a good comparison here.
I don't see any difference between a paid or free mod. Were CD Projekt losing out on sales of the VR DLC?
> They're going after someone who's profiting off of their IP.
They are going after someone who is making their IP more valuable. I missed Cyberpunk the first time around due to the initial bad reviews and then not having time after they fixed them.
With Valve coming out with their VR headset I am considering getting one, and looking at VR games, Cyberpunk with the mod was going to be a purchase.
Now they have just lost a sale.
