CD Projekt isn’t messing around with its IP, as it has just issued a DMCA strike against a popular Cyberpunk 2077 VR mod due to the creator’s refusal to make it free.
CD Projekt has confirmed that it issued a DMCA strike on a paid Cyberpunk 2077 VR mod after its creator refused to make it free for everyone, as requested by the studio. The modder, who goes by LukeRoss, claimed there had been an ongoing legal exchange between the two parties up to CD Projekt’s decision, but the DMCA strike was issued following LukeRoss’s refusal to make the VR mod free.
The R.E.A.L. VR mod for Cyberpunk 2077 was created by Luke Ross. The mod has made money hand over fist since its launch, and according to a 2022 report by The Verge, the mod (and Luke Ross) make $20,000 a month. This figure is allegedly based solely on modding existing PC games to run on VR headsets, without any original creation (CD Projekt’s concern, the IP) being developed under the hood. These mods are locked behind a Patreon paywall.
The Vice President of Business Development at CD Projekt Red, Jan Rosner, posted a tweet telling everyone why CD Projekt made their decision, stating, “We never allow monetization of our IP without our direct permission and/or an agreement in place,” Rosner said, adding, “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.”
Rosner says CD Projekt doesn’t allow fans to make any paid content using their IP (which includes Cyberpunk 2077) without permission in place, and states, “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.” Rosner cites the CD Projekt fan guidelines posted on their website.
The mod creator, Luke Ross, doesn’t agree with this decision and has responded to that tweet directly with “I’m sorry but I don’t believe you are within your rights in demanding that my software needs to be free. 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.” Ross says he wants to find a win-win solution between himself and the company, and he doesn’t believe this is the best way to clear up the misunderstanding.
As it stands, the VR mod for Cyberpunk 2077 has been taken down from Ross on his Patreon, and unlike Nintendo’s big takedown of Gary Bowser (which demanded he pay damages as well), CD Projekt asked Ross to make the mod free or take it down. Ross isn’t happy with this decision. According to IGN, he posted on his Patreon afterwards, stating, “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.”
Ross continues with “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).”
Unfortunately for fans, this means the Cyberpunk 2077 VR mod is offline for now.
