CD Projekt Hits Paid Cyberpunk 2077 VR Mod With DMCA Strike After Creator Refused Request to Make It Free for Everyone
CD Projekt has confirmed it issued a DMCA strike on a paid Cyberpunk 2077 VR mod, after its creator refused to make it free for everyone upon the studio’s request.
The R.E.A.L. VR mod for Cyberpunk 2077 was created by Luke Ross, who, according to a 2022 report by The Verge, makes $20,000 a month modding PC games to run in VR headsets. His mods are locked behind a Patreon, which sparked CD Projekt’s concern.
In a tweet, Jan Rosner, VP, Business Development at CD Projekt Red, said the company issued the DMCA strike because Cyberpunk VR was a paid mod, which violates its fan content guidelines.
“We never allow monetization of our IP without our direct permission and/or an agreement in place,” Rosner said. “We were in touch with Luke last week and informed him that he needs to make it free for everyone (with optional donations) or remove it.
“We are big fans of mods to our games — some of the work out there has been nothing short of amazing, including Luke’s mod for Cyberpunk 2077. We’d be happy to see it return as a free release. However, making a profit from our IP, in any form, always requires permission from CD Projekt Red.”
Ross responded to Rosner’s tweet to take issue with his work being characterized as fan content. Rather, Ross insisted, it is independent software and thus does not infringe on CD Projekt’s IP rights.
“I’m sorry but I don’t believe you are within your rights in demanding that my software needs to be free,” Ross said. “It is not ‘derivative work’ or ‘fan content’: it supports a large number of games which were built upon different engines, and it contains absolutely zero code or assets from your IP. Saying that it infringes your IP rights is equivalent to maintaining for example that RivaTuner violates game publishers’ copyrights because it intercepts the images the game is drawing on screen and it processes them in order to overlay its statistics.”
Ross went on to say he wants to find a “win-win solution,” and suggested CD Projekt make his Cyberpunk VR mod official, “or at least sanctioned by your company.” He added: “I think the current state of affairs is not the best way to resolve this misunderstanding.”
As it stands, Ross has left his Cyberpunk VR mod behind (in a post on Patreon, Ross said, “So long, and thanks for all the fish,”), and he has pulled support for the game. Ross’ tweet here has sparked a debate about the legal implications of his mod, a point he expanded on in a post on Patreon:
“As usual they stretch the concept of ‘derivative work’ until it’s paper-thin, as though a system that allows visualizing 40+ games in fully immersive 3D VR was somehow built making use of their intellectual property,” he said. “And as usual they give absolutely zero f***s about how playing their game in VR made people happy, and they cannot just be grateful about the extra copies of the title they sold because of that — without ever having to pour money into producing an official conversion (no, they’re not planning to release their own VR port, in case you were wondering).
“The bottom line is all that matters, and gamers be damned.
“Am I a little bitter about all of this? Yeah, you bet I am. Especially in the same week when Meta pulls the plug on three major VR studios. Especially after four years during which I (together with other modders) spent so much time keeping our mods alive in spite of CDPR’s constant breaking updates. Especially when they never even knew or cared during all this time that the VR conversion was there, and are only knee-jerk reacting now because somebody reported to them that it existed and it was not free.”
This is not the first time Ross has been hit by a DMCA strike. In July 2022, Rockstar Games parent company Take-Two issued a DMCA notice against Ross for his GTA 5 and Red Dead Redemption 2 VR mods, among others. He made a similar argument against the decision back then, insisting “none of my modifications are built using software belonging to Take-Two Interactive Software, Inc, and the modifications are not intended to replace their games, nor are they a means of exploiting Take-Two Interactive Software, Inc’s proprietary IP or assets.”
Cyberpunk is just one of a number of games for which Ross has released VR mods, and he sounds undeterred by CD Projekt’s action here. Ross already has VR mods for the likes of Sony’s Days Gone, FromSoftware’s Elden Ring, and Ubisoft’s Far Cry 5 games. Now he’s turning his attention to Larian’s Baldur’s Gate 3.
Wesley is Director, News at IGN. Find him on Twitter at @wyp100. You can reach Wesley at wesley_yinpoole@ign.com or confidentially at wyp100@proton.me.
