USPTO and court precedent is leaning heavily toward LLM output not being transformative on its own, making it mechanical, and no longer fair use and in violation of copyright. This puts a legal gray cloud on a project where most contributors couldn’t defend themselves if a rights holder goes after it, and there’s a high likelihood that they would succeed. On the other hand there’s enough case law protecting human decompilation that even the most litigious game companies don’t go after decomp projects that have historically been done by humans.
(I’m not a lawyer, I’m not your lawyer, this is not legal advice, etc., etc.)
Nicalis and Take-Two have both gone after decompilation projects, also. In particular, Nicalis has gone after a decompilation of Cave Story, but not a black box reimplementation of the same, while Take-Two ended up suing a decompilation developer (albeit settled out of court). However, in some jurisdictions, even clean reimplementations have failed - see Tetris v. Xio.
(I am not a lawyer either, etc etc, but that's my understanding)
CSE2 was distributing binaries as well.
So was SM64 decomp and Nintendo told them to stop, they did and continued to share their source code.
Tetris v. Xio is unrelated to reverse engineering or decompilation.
Distributing binaries should not matter. If the binary is just compiled from the source code, the binary is just an (non-)infringing as the source code.
> They also allegedly violated a EULA
Meaningless. EULAs are not the law.
In some cases the EULA is what gives you access to the original binary to begin with (often the case with digital marketplaces, but also true of some physical media after 2010 or so). These have little to do with copyright, but whether someone could access the binary on the first place. To the best of my knowledge this contract law has largely been considered valid, but I try to avoid working on things with EULAs, so haven’t looked into it in depth.