Gearbox Software has officially responded to the ongoing debate over parent company Take-Two's updated Terms of Service and widespread concerns that several Borderlands titles may now include "spyware."
The statement, published directly on Steam where player backlash has led to review-bombing of all major Borderlands games, aims to clarify the situation and "maintain transparency and trust with the community." It directly addresses two major points of contention that have dominated discussions among fans for months: data privacy worries and potential restrictions on modding.
Gearbox establishes its position immediately: "Take-Two does not use spyware in its games." While acknowledging that some data collection occurs, the developer assures players that their private information is not constantly being monitored or harvested.
"Take-Two outlines these practices in its Privacy Policy to ensure clarity for players and to meet legal requirements," explains Gearbox in the Steam post. "This information is gathered to provide services, including safeguarding the game environment and enhancing the player experience. More details are available in the Privacy Policy."
The statement adds: "For instance, collecting player and device identifiers helps ensure game compatibility with various media, platforms, or web browsers. It allows us to better understand player behavior and tailor the experience, such as displaying usernames correctly. Account credentials are only collected from users who opt to create accounts with Take-Two or its affiliated labels."
It remains to be seen whether this clarification will placate critics who have been vocal since the Terms of Service were revised in February. Regarding mods, Gearbox's stance is more direct.
"Take-Two's Terms of Service forbid modifications that provide unfair advantages, disrupt other players' intended experience, or grant access to unauthorized content," the statement notes. "This is done to protect the integrity of the game for everyone."
This addresses concerns that the modding community might face broad restrictions. Gearbox emphasizes that Take-Two's focus is primarily on cheating that ruins gameplay for others. The statement clarifies that the company "typically does not take action against mods that are solely for single-player, non-commercial use, and that respect the intellectual property rights of its labels and third parties."
The controversy ignited around May when fans discovered Take-Two had updated its terms, affecting many existing games. Rumors of excessive data collection spread rapidly, leading to a campaign that drove recent review scores for Borderlands 1, 2, and 3 into "Mostly Negative" and "Overwhelmingly Negative" territory. Although concerns eased later in May, they resurfaced when Borderlands 2 was offered for free (for a limited period) on June 5.
Currently, the Borderlands series' Recent Reviews on Steam continue to show predominantly negative ratings. Meanwhile, Gearbox is preparing to launch Borderlands 4 this September. For the latest updates and a glimpse of gameplay, you can explore all the announcements from its April 2025 State of Play presentation.
