THIS GAME ALONG WITH D2 ESPECIALLY IS DEAD. BUNGIE WILL NOT FIX EITHER OF THEM. LET SOMEONE WHO CAN
Theoretically speaking, extracting map models, texture files, along with other game assets from the Xbox 360 version of Destiny 1 iso is possible. Importing them into UE4 or another 3D game creator is also a theoretical, but let's say this happens. If I were to replicate the FPS physics and player code in UE4 and use all the D1 assets to create a copy of Destiny 1 and then distribute the "ported" version contingent on the user owning D1 content; would this be legal? There are a lot of theoretical in this situation but technically this is possible as far as I know. What is the legality of this?
Reading the fair use section on "Bungie.net" and with the help of some general fair use laws, it would be legal as long as the port is only accessible to those that bought the exact version they are playing. So let's say that I bought Destiny for PS4 and the port is for Xbox 360. Though the 360 version has been modified, it is still the copyrighted files of exclusively the Xbox 360 version. Functionality to only access the copyrighted content (port) contingent on that you buy the 360 game seems legal enough. This process gives right to play the copyrighted material as well as support Bungie, thus complying to fair use. I have never seen this approach before (exploiting the market like this) but as seen on Destinytracker.com, 3rd party sources can verify copyrighted material such as stats, player data, and login information. Who's to say this isn't a viable approach to verifying game rights?
*You are not playing the exact Xbox 360 version, you are just getting rights to play it which I assume carries over to the port (how else is Bungie going to sue me over the port if the 360 version license isn't found to be correspondent with the port? If the port is found to be infringing on the Xbox One version or let's say the PS4 version, then buying the rights to the respective game on that system would entail fair use rights).
{ https://www.howtogeek.com/262758/is-downloading-retro-video-game-roms-ever-legal }
This fair use argument is potentially very wide reaching, but there are limits. “The trouble comes when it’s no longer just me having a copy, it’s giving other people a copy,” said Bambauer. “Once you’re distributing a ROM, most of the people downloading it probably don’t have legal copies of the game,” said Bambauer. “Then it is market harm, because "Nintendo" (Bungie) should be able to sell to those people.”
*Contingent people bought the game = Access to port
*Create port contingent on noncommercial exploitation and owning game originally
References:
https://www.bungie.net/en/View/Bungie/terms ***
https://www.howtogeek.com/262758/is-downloading-retro-video-game-roms-ever-legal/ ***
https://xbox.uservoice.com/forums/251652-xbox-store/suggestions/6035018-cross-buy-digital-games-between-xbox-360-and-xbox
https://softwareengineering.stackexchange.com/questions/278094/license-terms-when-porting-free-software-to-another-language
https://www.doomworld.com/forum/topic/97339-why-not-just-create-a-copyright-free-source-port/
https://www.bungie.net/en-us/Forums/Post/140223363?sort=0&page=0
-
My Gf and I have both played D1 and 2 both since launch on console - then recently switched to PC and restarted D2. The sad thing is that on PC 90% of the playerbase doesn't know about how significant half of the stuff is in D2 unless they played D1 which they obviously couldn't so it's not their fault. But there's so many little things that only a D1 player can appreciate and understand, I have a PC D2 friend and we were talking about the new Forsaken missions, where you go (back) to the Prison of Elders and he had NO idea what it even was. Prison of Elders was a whole game mode by itself that had 4 waves and a big boss fight, as well as Challenge of Elders which was higher level, and I think 4 mini raid style big-PoE fights. It could be likened to what D2 players know as Gambit but without the PVP element. Also we talked about the opening mission - where you are fighting at the tower - man, he didn't even realise the significance of that place, that fight at the start where Zavala is holding the tower and you gotta jump in his bubble, that was our tower social area. In tangled shore theres a room with music, the same music that we had in the D1 tower in the chill out dance room - that most players didn't even realise you can go find in that opening D2 mission (the doors locked but the music is still playing the same song) If you ever look up and see Staurns rings with a circle in it - ONLY a D1 player will understand why and what the Dreadnaught is. The Master Ives quest - we went (back) to the cosmodrone - man, that place was where it all started, that exact location was where on D1, you get revived for the first time by your ghost and start the game intro These are just little things I could literally write a book on the things that D2 has which only a D1 player can appreciate or understand the significance of, but as I said it's not your fault on PC, they didn't release it for whatever reason so you guys missed out but look, Bungie have stopped updating and working on D1, but it is still fully functional and badass. A PC release is NEVER going to happen so here's the best thing you can do: Just buy a preowned Xbox1 for £100, and you can buy D1 with ALL dlc's for £50 It will be the best money you ever spent trust me, go back grind the game and you will understand what I mean, the game is epic. Honestly, it is well worth the money if you love Destiny 2 - you are in for a treat if you do, and you will realise why some of the stuff is so important in D2