Man, Mod, and Law: Revisiting The Law of Computer Game Modifications

Abstract

In 2005's "Mod, Man, and Law," I mangled Bob Dylan and discussed the issues of copyright for computer game modifications, including what effect EULA terms prohibiting mods would be given and whether mods would be considered derivative works. In the intervening years Courts have largely given full effect to EULAs, including considering violations copyright infringement. Meanwhile, the issue of whether mods can be considered freestanding works has largely not been litigated, and instead such issues have largely been resolved by contract. Meanwhile, the community of users creating mods has largely remained strong, strengthened by limited enforcement efforts and in many cases encouragement from various content owners in the computer gaming space.

Keywords: copyright, games

JEL Classification: K00