Game Decompilation, Is This Legal?, A Well-Trodden Path

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Game Decompilation, Is This Legal?, A Well-Trodden Path

Ben Thompson starts with browser ports of decompiled games and separates them from a newly written Fallout-like game. He argues that reconstructing executable code will get easier, but copying old games is a smaller change than letting people create or modify games for their own tastes. He expects more standalone supply and games designed around player modification, while publishers of online games keep leverage through servers and service access.

The examples have different operating histories. The Halo codebase is an ongoing community reconstruction, not a one-shot model output; its native port asks users to provide the original game data, and the advertised large multiplayer limit was not a demonstrated full-scale match. Fallout: New York was a new browser game, not decompiled Fallout. Its creator describes directing agents through a module contract and repeated checks, then discovering a world-layout change that submerged the player’s starting area and adding a new acceptance test. He says he later removed the public version after a rights-holder notice. An August account of the Modern Warfare 2 reconstruction had four agents and a game that launched but could not load a map; its creator claimed a playable version with more agents in late September. Those are different dates and levels of evidence.

Thompson distinguishes private experimentation from public distribution and notes that reverse-engineering decisions about studying functional code do not make a reconstructed commercial game open source. The relevant court opinions addressed intermediate copies used for separately authored compatible software; neither resolves the legality of these particular projects. There is no same-game record here of licensed distribution, repeat players, human attention, later repairs or value to a publisher. Personalized play is an intriguing business hypothesis, not an observed retention result.

Read at stratechery.com · 11 min