Back to For Beginners

Isn't it illegal to charge people for mods?

For Beginners

Started by stargate3216 February 28, 2006 03:29 PM

18 comments, last by pascalosti 18 years, 1 month ago

Conner McCloud

1,135

February 28, 2006 05:11 PM

Quote:Original post by Eyrian
Why? I don't think there's a legal argument there...

Of course there is. A mod is clearly a derivative work, and only the copyright owner has the right to create derivative works.

Quote:Original post by Eyrian
...and there's certainly not a moral argument.

Why not? Valve did most of the hard work, what right do you have to profit off of it?

CM

Eyrian

122

February 28, 2006 05:53 PM

Quote:Original post by Conner McCloud
Of course there is. A mod is clearly a derivative work, and only the copyright owner has the right to create derivative works.

I think that depends on the nature of the Mod. How much of their content you use, and so forth. I don't know how much legal precedent exists on this front (And would greatly appreciate being forwarded to some).

Quote:Original post by Conner McCloud
Why not? Valve did most of the hard work, what right do you have to profit off of it?

Because I'm only selling the hard work that I put into the mod. To use it, you still need to buy the game, which only Valve has the right to sell. I have a corresponding right to sell something I made. It's like selling a case for an iPod.

superpig

1,826

February 28, 2006 06:07 PM

Sorry, to clarify: I'm talking about games that are sold standalone (like CS) or are not total conversions (like, AFAIK, CS). If your mod is both a total conversion, and you're not trying to pack the game engine in with it, then I'm not sure where things stand from a legal point of view.

Richard "Superpig" Fine - saving pigs from untimely fates - Microsoft DirectX MVP 2006/2007/2008/2009
"Shaders are not meant to do everything. Of course you can try to use it for everything, but it's like playing football using cabbage." - MickeyMouse

Monder

993

February 28, 2006 06:52 PM

Well there are unofficial add-ons for various games that I have seen for sale which I guess you can class as mods. Though I'm pretty sure most mod tools given away by developers have a clause in the licensing that says you can't use anything developed with these tools commerically.

Kylotan

10,510

March 01, 2006 06:49 AM

On the one hand, it's potentially a derivative work and would be under the original author's copyright. On the other hand, the end product is largely original in terms of what is distributed. Plus, it could count as an interoperable product, and the right to create interoperable products - and even to use reverse engineering to create such products - tends to be protected. Given that Half-Life seems deliberately designed to facilitate mods, and that such mods do not damage Half-Life's market position, I expect such a mod would be considered as fair use. It's important to note that even if they didn't charge for it, the legality position would not be different.

kappa

138

March 01, 2006 10:04 AM

I am programming for a mod that will eventually be sold through steam, so depending on what deal you get with the developers it's very legal (or illigal).

This of course prevents us from using any of valves work such as graphics.

Conner McCloud

1,135

March 01, 2006 12:06 PM

Quote:Original post by Kylotan
It's important to note that even if they didn't charge for it, the legality position would not be different.

It could be different. Whether or not the work is sold is a consideration when determining fair use. All else being equal, a free work has a better chance than a non-free work.

There are arguments to be made both ways, its up to the courts to decide unless Congress steps in. Which, given their track record, we probably don't want. Personally, I remain firmly of the opinion that it should be illegal for one key reason. A huge argument against software patents is that software is already protected by copyright law...allowing something like this without permission is a huge run around of that logic.

CM

Kylotan

10,510

March 03, 2006 06:59 AM

Quote:Original post by Conner McCloud
Quote:Original post by Kylotan
It's important to note that even if they didn't charge for it, the legality position would not be different.

It could be different. Whether or not the work is sold is a consideration when determining fair use. All else being equal, a free work has a better chance than a non-free work.

Yes, that comes under the "purpose and character" clause of the fair use consideration. But on the other hand, a free alternative to an existing commercial program is more likely to damage the commercial program's market share, covered by the "effect upon the potential market" clause. As you say, there are arguments to be made both ways. The main point I wanted to make was that the law (in the US and UK at least) doesn't explicitly make a distinction between free and non-free where it comes to legality, except that it can be taken into account. Some people mistakenly think that some copying is legal until you start charging for it whereupon it becomes illegal, and I wanted to emphasise that this isn't actually the case.

jwenting

133

March 03, 2006 07:11 AM

And some/many game manufacturers actually encourage both commercial and free addons/mods.

Microsoft for example actively works with companies creating addons for their Flight simulator line, providing them with early access to new versions of the product and SDKs (under NDA of course).

pascalosti

100

March 03, 2006 08:09 AM

<quote>"I am programming for a mod that will eventually be sold through steam, so depending on what deal you get with the developers it's very legal (or illigal)."</quote>

what mod youworking on?

Isn't it illegal to charge people for mods?

This topic is closed to new replies.

Popular Topics

Recommended Tutorials

Isn't it illegal to charge people for mods?

This topic is closed to new replies.

Popular Topics

Recommended Tutorials

Reticulating splines