Ashal Posted May 13, 2015 Posted May 13, 2015 First off, I am not a lawyer, so take anything I say with a grain of salt. I'm just a dude who makes a mod and runs a web forum to host those mods along with allowing others to also host their own or discuss others. But more directly, is it legal? In general yes. But to put a finer lense on it, still yes - but it is largely up to the EULA you agreed to while installing the game, which you obviously thoroughly read and only checked the "I agree" button after consulting an attorney, right? Right. The bottom line however, is mods are derivative works, they aren't protected by fair use or parody law. They exist because the owners of the game, whom are providing you a license to install and play their game, also say they can exist. Whether this is through their support of the modding community via an official mod "creation kit" tool (such as in Skyrim/Oblivion/Morrowind/Fallout3/Fallout:NV) or by simply turning a blind eye to users subverting their games encryption in arbitrarily defined "acceptable" means (such as in GTAV single). It is ultimately entirely up to the whims of the games publisher or rights holder regardless, if mods are "legal" or not. But again regardless of that, do you have anything remotely to worry about as a mod user? INSANELY unlikely, bordering on 100% no, not at all. Do I personally as somebody "providing and hosting" mods as the owner of LoversLab? Possibly; but incredibly unlikely and not something I am worried about, or have any cause to start being worried about at this current point in time at the very least. LoversLab does comply with any DMCA requests and actively discourage piracy or blatantly illegal and/or copyright infringing content we are made aware of.
windpl Posted May 13, 2015 Posted May 13, 2015 First off, I am not a lawyer, so take anything I say with a grain of salt. I'm just a dude who makes a mod and runs a web forum to host those mods along with allowing others to also host their own or discuss others. But more directly, is it legal? In general yes. But to put a finer lense on it, still yes - but it is largely up to the EULA you agreed to while installing the game, which you obviously thoroughly read and only checked the "I agree" button after consulting an attorney, right? Right. The bottom line however, is mods are derivative works, they aren't protected by fair use or parody law - they exist because the owner of the game, whom are providing you a license to play their game, say they can exist. Whether this is through their support of the modding community via a mod "creation kit" tool, or by turning a blind eye to users subverting their games encryption, it is ultimately entirely up to the whims of the games publisher whether or not mods are "legal." But again regardless of that, do you have anything remotely to worry about as a mod user? INSANELY unlikely, bordering on 100% no, not at all. Do I personally as somebody "providing and hosting" mods as the owner of LoversLab? Possibly; but incredibly unlikely and not something I am worried about, or have any cause to start being worried about at this current point in time at the very least. LoversLab does comply with any DMCA requests and actively discourage piracy or blatantly illegal and/or copyright infringing content we are made aware of. It is so much legal as unlocking paid dlc in your game without paying for it.
RitualClarity Posted May 13, 2015 Posted May 13, 2015 MODDING IS NOT LEGAL. STOP RIGHT THERE CRIMINAL SCUM! YOU SHOULD HAVE JUST PAID THE FINE! So so sorry.. Couldn't resist..
windpl Posted May 13, 2015 Posted May 13, 2015 The only time modding becomes a problem is on a game that neither has nor provides modding tools. and if a Developer/Publisher gets a thorn up there fanny I have heard of them going after the modding site, users and modders trying to collect I believe $1000 on each and every mod and instance of said mod being downloaded. an extremely far reaching law suit that actually went no where. (a Japanese Dev/Pub) I believe but I don't remember the particulars. and most of the modding being done on that Game was texture altering and some code altering IIRC. But where a game Dev./Pub. provides tools for the sole purpose of modding their game then it is legal as long as the guidlines set forth by the game dev/pub are met. then yes it is legal. I've never seen any EULA contain any wording by the dev./pub. that would make even adult modding not legal if modding tools were provided. it would rely on laws already in place for such things depending on the subject matter/content and if there were laws against it. And then applying it to gaming is another rough road in and of itself. Most times it just isn't worth the trouble and expense involved. It was software, and hardware modding adding to that it was monetized.
windpl Posted May 13, 2015 Posted May 13, 2015 I don't know where you get software (other then a game being software) or hardware, it was't a console game I was talking about. but whatever I seem to always be wrong to someone here. I didn't want to argue with you but to my knowledge there was only one such case(concerning modding) in japan. When I think about it maybe there was such case concerning Chines or Korean site.
Zor2k13 Posted May 13, 2015 Posted May 13, 2015 @windpl I think you guys are talking about nintendo ds and other handhelds when you get into discussion of hardware.
Uniclams Posted May 14, 2015 Posted May 14, 2015 Modding for skyrim is legal. I believe most issues come up with importing assets from other games. If a game is inspired by other games but made with original material within skyrim, then its usually okay, The best example of this that I can think of is the Super Skyrim Bros. mod that is basically a Super Mario Bros. clone made entirely within the skyrim engine and material. Its was all made using original material, but the owner sent a notice to Nintendo about it just in case, but has yet to hear back. Mostly likely b/c its a free mod. If money were involved, it would probably be a different story. I also believe that the main reason Skyrim continues to sell 4 years after its release is b/c of the massive, and mostly free, modding community.
grimlook Posted May 15, 2015 Author Posted May 15, 2015 Wow in fact i ask for the country that i live. Its a damn latinoamerican country and in this countries the laws about piracy and copyrigth are very.... amm.. difused??... Anyway the case is that in my country sell pirates games in CD or pirates music CD's its NOT ilegal. Yes you read it rigth. Its NOT ilegal. These people who sold this things even pay tax to goverment for his vents. but obviously in the 90% of the decents countrys its a crime. So i asked if modding was the same thing. For what all of you had say i guess that its legal. So thanks for clearing my dudes. PD: sorry for take so long in post, i was traveling yeaa: PD2: sorry for my english. I am latin i hope you understand
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