Tue Oct 07, 2003 12:53 pm
Your rights as modders: What they are, and how to exercise t
This is distilled from experience closely mirroring what's going on with Starfyre Studios. Basically, I'm going to let you all in on what your rights are as modders, and what MS can/can't/might do to you. I'm not going into details about my situation, since there's still legal stuff floating out there, but here's what I can tell you. So, lets begin.
1.) You can mod whatever you like, as long as you don't touch an EXE:
This is, and has been, the cardinal rule, and only limiter, in modding ever since I started doing it 10 years ago. You can change anything else in the game you want.. but touch the EXE, and get the pants sued off you.
The EXEs of a game are the holy grail which must never be touched... you risk *everything* if you try to do anything with it.
(Exception to this rule is the X-Wing series of games... since all the stats for everything were stored in the EXE, LucasArts basically said "ok, you can do that... but only with those games."
2.) You can mod whatever you like, as long as you don't make money from or in relation to, the distribution of the mod:
I've had to refuse 1000s of $$ from grateful mod players in the past, mainly due to the fact that if I accept anything... even as a gift... and it's because of the mod I'm doing/have done, I've violated the law. The money, in that case, belongs to the game publisher, since I don't have any license to their engine.
3.) You can recieve cease and desist orders, at any given time, under any circumstances:
The dirty and sad reality is, publishers/developers are fully under their rights to request the termination of development of every mod in existence. If it comes to the point of lawsuits, even if you're defending yourself, the company will lose (since you havn't technically violated any laws).
You still have to pay court costs though. Basically, if you won't stop, they'll screw you in the end with court costs, and walk away from the court laughing back to their offices. Such is the reality of the world we live in.
The only way to avoid a lawsuit, and keep your mod, is to change the name and/or premise of the mod, while keeping the content. Often that's all it takes. The Q3 DragonBall Z mod changed to a generic anime fighter mod, retaining alot of the same content (slightly changed), and is still around today... all to avoid the wrath of the license holders...
4.) You risk it all if you incorporate legally into a company (even if you don't make money):
Even if you *explicity* state so, all over your website, you're still considered more of a risk by a game publisher or license holder, due to the fact that you're a legal entity who'se only "product" is a mod. The potential is there to make profit, and "they" consider that potential a dangerous thing.
Better to stay an org in name only... that way there's none of the dangers associated with being an actual company.
5.) If you don't give credit everywhere, Legal Departments will assume you aren't serious about the credit you do give:
Give credit to the company that developed the game, and especially to the publisher. Do it everywhere. At the bottom of every page in your site, on all your documents, everything. Be thorough. Claim that the company owns all rights to the mod, if nessecary... just make sure that it's understood that you bow before the might of the publisher/developer, and that the mod it for no profit, just for fun.. by fans, for fans, etc. Make sure you do this for the license holders, if you make a Star Wars mod or use any other license too.
All that is serious. They will pick it apart to make sure you're really giving them credit where credit is due.
**ADDITIONS SINCE ORIGINAL POSTING**
6.) Your work is your own (unless it's someone else's):
This should be common sense, but there are legal issues to consider as well. For example, if I design an original model or do coding for something in a mod, that "stuff" is *mine* (or the property of the modding organization I'm attached to). Anyone that wants to use that model or coding in any capacity must gain my permission, and credit me in some way/shape/form.
However, if I model an Omega Destroyer from Babylon 5, or the USS Enterprise from Star Trek, then there are some complications. The model itself (the file, the code within it, and it's general use) are my property (as outlined above)... but I *must* give credit to the outfit that came up with the original concept, wether it be a Corporation or another Modding Group (since they created the origjnal object I based my model on).
If you make a file, or code something useful, it becomes your "intellectual copyright"... anyone using it without my permission can be taken to court (the copyright holder wins *every* time). That goes for original work, as well as previously done work (like Star Wars ships).
Anyways, that's it for now. Follow those rules, and you'll not have to worry much. I'll be around for any questions later...
Regards,
Stalker
Edited by - Stalker. on 07-10-2003 17:47:56
1.) You can mod whatever you like, as long as you don't touch an EXE:
This is, and has been, the cardinal rule, and only limiter, in modding ever since I started doing it 10 years ago. You can change anything else in the game you want.. but touch the EXE, and get the pants sued off you.
The EXEs of a game are the holy grail which must never be touched... you risk *everything* if you try to do anything with it.
(Exception to this rule is the X-Wing series of games... since all the stats for everything were stored in the EXE, LucasArts basically said "ok, you can do that... but only with those games."
2.) You can mod whatever you like, as long as you don't make money from or in relation to, the distribution of the mod:
I've had to refuse 1000s of $$ from grateful mod players in the past, mainly due to the fact that if I accept anything... even as a gift... and it's because of the mod I'm doing/have done, I've violated the law. The money, in that case, belongs to the game publisher, since I don't have any license to their engine.
3.) You can recieve cease and desist orders, at any given time, under any circumstances:
The dirty and sad reality is, publishers/developers are fully under their rights to request the termination of development of every mod in existence. If it comes to the point of lawsuits, even if you're defending yourself, the company will lose (since you havn't technically violated any laws).
You still have to pay court costs though. Basically, if you won't stop, they'll screw you in the end with court costs, and walk away from the court laughing back to their offices. Such is the reality of the world we live in.
The only way to avoid a lawsuit, and keep your mod, is to change the name and/or premise of the mod, while keeping the content. Often that's all it takes. The Q3 DragonBall Z mod changed to a generic anime fighter mod, retaining alot of the same content (slightly changed), and is still around today... all to avoid the wrath of the license holders...
4.) You risk it all if you incorporate legally into a company (even if you don't make money):
Even if you *explicity* state so, all over your website, you're still considered more of a risk by a game publisher or license holder, due to the fact that you're a legal entity who'se only "product" is a mod. The potential is there to make profit, and "they" consider that potential a dangerous thing.
Better to stay an org in name only... that way there's none of the dangers associated with being an actual company.
5.) If you don't give credit everywhere, Legal Departments will assume you aren't serious about the credit you do give:
Give credit to the company that developed the game, and especially to the publisher. Do it everywhere. At the bottom of every page in your site, on all your documents, everything. Be thorough. Claim that the company owns all rights to the mod, if nessecary... just make sure that it's understood that you bow before the might of the publisher/developer, and that the mod it for no profit, just for fun.. by fans, for fans, etc. Make sure you do this for the license holders, if you make a Star Wars mod or use any other license too.
All that is serious. They will pick it apart to make sure you're really giving them credit where credit is due.
**ADDITIONS SINCE ORIGINAL POSTING**
6.) Your work is your own (unless it's someone else's):
This should be common sense, but there are legal issues to consider as well. For example, if I design an original model or do coding for something in a mod, that "stuff" is *mine* (or the property of the modding organization I'm attached to). Anyone that wants to use that model or coding in any capacity must gain my permission, and credit me in some way/shape/form.
However, if I model an Omega Destroyer from Babylon 5, or the USS Enterprise from Star Trek, then there are some complications. The model itself (the file, the code within it, and it's general use) are my property (as outlined above)... but I *must* give credit to the outfit that came up with the original concept, wether it be a Corporation or another Modding Group (since they created the origjnal object I based my model on).
If you make a file, or code something useful, it becomes your "intellectual copyright"... anyone using it without my permission can be taken to court (the copyright holder wins *every* time). That goes for original work, as well as previously done work (like Star Wars ships).
Anyways, that's it for now. Follow those rules, and you'll not have to worry much. I'll be around for any questions later...
Regards,
Stalker
Edited by - Stalker. on 07-10-2003 17:47:56
