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
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Bungie in 2099: Destiny Classic Biggest move of the century.