Game changes have gained incredible momentum over the past decade. Major publishers and developers like Bethesda have embraced their modding communities for Skyrim and Fallout by creating an official showcase for all formats, an industry first for consoles. From modding`s origins in European demoscenes to the Steam Workshop allowing talented enthusiasts to sell their work to players, is the practice safe and legal overall? DISCLAIMER: Due to the generality of this update, the information contained in this document may not be applicable in all situations and should not be implemented without specific legal advice based on specific situations. Not all mods are created and used to commit piracy, but in such cases, it makes sense for video game developers to take legal action. Many are created to enrich the experience of playing video games. Bethesda understands this and allows everyone to benefit from the efforts of modders, including themselves. All signs indicate that the modding community is becoming more inclusive. Developers seem to welcome the move for their solo titles, but have become stricter against copyright infringement and fraudulent changes. Developers and online stores that create their own modding ecosystems are an effective technique and provide players with a user-friendly interface. Let`s hope this space remains accessible in the gaming industry. [13] Mark Kretzschmar & Mel Stanfill, Video Game Modifications between IP Theft and Promotion: Recent Developments, S&LS Blog (October 11, 2019), socialandlegalstudies.wordpress.com/2019/10/11/video-game-modifications-between-ip-theft-and-promotion/. In fact, Kotaku`s Brian Ashcraft claims that the modified games are completely illegal in Japan, resulting in five years in prison and a fine of 5 million yen or $46,000. As Japanese law shows, the legality of mods varies from country to country.
After some growth and expansion, Scott founded TESSource and eventually TESNexus after breaking up with an old friend for financial reasons. TESSource/Nexus provided an online library of mods for Elder Scrolls games that players could download for free. This service was later expanded and is still the first choice for modders today. A common example of a type of modding is video game console mod chips, which allow users to play homemade games, games legally purchased in other regions, or legal backup copies, but also allow illegal unauthorized copies by allowing the player to play CD or DVD copies of personally recorded video games. Modchips were first available in their current form for Sony`s PlayStation (and later for the PlayStation 2). Various other types of copyright circumvention systems also existed for the Nintendo 64 and older Game Boy consoles (although both do not involve any actual modification, but rather include save devices). Consoles can be modified, but it`s illegal, and I don`t tolerate this practice. Modding a console is inherently questionable from a legal perspective, as consoles can only be modified through piracy, with the exception of official modding communities like Bethesda`s Creation Club. On the other hand, some companies actively promote the modding of their products. In cases like TiVo and Google, there was an informal agreement between modders and the company where modders pledge not to do anything that destroys the company`s business model, and the company is committed to supporting the modder community by providing technical specifications and information. Some commercial video games thrive on a modding community. In the case of Half-Life and Warcraft III, mods called Counter-Strike and Defense of the Ancients (DotA) boosted sales of the original software for years.
If a game developer has not given permission to modify their game, and a modder cannot invoke the fair dealing doctrine as a defense for their unauthorized use of the copyrighted work, it is up to game developers (or publishers with rights to the games) to enforce their rights. Game developers and publishers who own or have obtained rights to games may take defensive or offensive measures to protect their intellectual property rights. Here are some recent examples of companies taking a stand on mods for their games: As computer and video games have gone from a niche market to a multi-billion dollar industry, game modifications or “mods” have also increased in reach and usage. Mods have become as collaborative and ubiquitous as the increasingly connected and social games on which they are based. While mods were once limited to peripheral or purely aesthetic purposes (like Aliens TC, a mod that reworked the first-person shooter Doom into a world based on the Aliens franchise), today`s mods are being developed and expanded. Some create and rearrange older games into newer, more eye-catching graphics engines (like the Black Mesa mod, which recreates 1998`s Half-Life game down to the smallest detail), while others add incredibly detailed features to pre-existing game and physics systems (like Industrial-Craft, a mod for the Minecraft construction and exploration game that allows the development of industries as diverse as oil refining in the world). nuclear technology). Modding is a colloquial expression derived from the English verb “to modify”. The term refers to modifying hardware, software, or anything else to perform a function not originally intended by the designer, or to achieve a custom specification or appearance. The term is often used in connection with video games, especially when it comes to creating new or modified content and sharing it on the Internet. It can be applied to overclocking computers to increase the frequency at which the processor runs. Case modding is a popular activity among many computer enthusiasts that involves customizing a computer case or installing water cooling technology.
In conjunction with automobiles, modding can mean tuning the engine, remapping a vehicle`s engine control unit, or adjusting the body. At present, software modding is generally legal, as long as it does not infringe a product`s copyright. For example, it`s not cool to modify a game to bypass anti-piracy measures (DMCA). However, turning Alduin into a deformed macho man Randy Savage is fine. On August 5, 2009, Matthew Crippen, a 27-year-old student at California State University, Fullerton, was arrested for modifying game consoles such as Xbox 360, PlayStation 3 and Nintendo Wii for profit. [4] [5] Crippen stated that this was so that owners could read their backup discs with DRM-laden gaming software that they legally own. However, the DMCA states that it is illegal to circumvent copyright-protected software, even for non-infringing uses such as securing legally owned games. In December 2010, prosecutors dropped all charges[6] against Crippen because inappropriate evidence was obtained through a video recording without audio deemed illegal under California law. [7] [25] Brian Ashcraft, Game Console Modding Illegal in Japan, Punishable by Prison and Fines, Kotaku (January 7, 2019), kotaku.com/game-modding-illegal-in-japan-punishable-by-prison-and-1831525943.
Consoles are not worth pirating, nor are the legal consequences that come with it. But since the Creation Club is strong, it`s a safe bet that other video game developers will adopt the mods in time. Even if it isn`t, PCs are famous for their ability to download mods, which is worth it for anyone who wants a modified video game experience. As more and more modified games outgrow the popularity of their original titles, game developers, on the other hand, are increasingly incentivized to regain control of their intellectual property. For example, less than a year after the release of Counter-Strike, Valve reached out to the modders behind it and hired their employer, Barking Dog Studios, to work with Valve on game co-development. DotA, on the other hand, was the subject of a decades-long dispute between Blizzard and Valve over the company that owns DotA after Valve paid the modder behind DotA for all rights to the mod, which was created with a map editor that Blizzard distributed with Warcraft III: Reign of Chaos.14 When id Software released Doom in 2016, it hasn`t released the source code for this (and still hasn`t released it), despite the vibrant modding community that revolves around the original Doom.15 However, the Blizzard court notes that Reeves never really sold products that circumvented such measures. Instead, Reeves sold products that “enhanced users` gaming experience while infringing the plaintiff`s copyright.” Id., p. 2. It doesn`t violate the DMCA, but the court almost assumes it does.
Online games almost always include some sort of protocol for connecting to game servers, and some games require such a connection to play the game (with others or alone). It quickly becomes clear that any use of the game that doesn`t exactly match the developer`s vision could become feasible according to Blizzard`s legal logic, if a case that actually goes to court takes the same approach. Mods are inherently intended to “enhance the user experience” and very often infringe copyright, albeit with the implied consent of many developers. Modding generally improves our gaming experience. When I was younger, I personally downloaded Minecraft mods like Pixelmon and Not Enough Items just to have a lot of fun with them. Even in some Steam games I play, like Civilization 6 and City Skylines, modding is promoted by the developers themselves and they even have a section where you can enable and disable mods.