Mods as Lightning Rods: A Typology of Video Game Mods, Intellectual Property, and Social Benefit/Harm

Abstract

Video game modification, or ‘modding’ – nonprofessionals altering or adding to games – is, in some interpretations of US law, copyright infringement or a violation of end-user license agreements. However, though mods are roughly all equally (il)legal, the industry only sometimes uses its legal power to stop them. In this article, we explore the economic and social factors that impact how video game corporations employ the law in relation to modding, revealing a symbiotic relationship. We argue that the specific content of a mod matters for how it’s assessed and whether rightsholders attempt to stop it. We propose a new model where structural analysis of the modder–industry relationship is supplemented with textual analysis that asks of specific mods who they benefit and harm. We argue that this will enable a better understanding of when and how the industry takes legal action.

The Need to Revise Copyright Law to Reflect the Changing Costs and Benefits of Modern Digital Reuse of Artistic Creations

“…Game mods are user-generated enhancements and extensions to video games. Some forms of enhancements are barely tolerated by serious gamers, like the various practices related to Goldfarming, which involve earning in-game assets or developing advanced gaming characters, and selling them to novices [32]. Others are seen to create value for games and gamers and are thus more generally accepted, and now even embraced and facilitated by game developers.…”

“…Creating extensions such as mods may violate copyright if they are shared. However, not all game owners seek to limit modding, because it creates value for gamers and can potentially contribute to the popularity of the original game [32]. A further example of extensions is gold farming in the video gaming industry, a phenomenon that describes when companies use cheap labor force to unlock characters, weapons, or other content in online games to resell them to players in an unofficial marketplace.…”

Heroes and Hooligans: The Heterogeneity of Video Game Modders

“…However, when viewed as derivative works amounting to copyright infringement, it can be met with gaming bans, litigation and prosecution (Thiel & Lyle, 2019). Thus, there are inconsistencies in the social and legal acceptability of modding and the application of the law, where it exists (Kretzschmar & Stanfill, 2019).…”

“…This pathway suggests that cheating and modding are closely related, but recent work by Lee et al (2020) found that only 16% of modifications studied were 'cheats'. Modding is the first step on the pathway that crosses a line of legality, but, unlike later steps, it remains a legal, moral and social grey area (Kretzschmar & Stanfill, 2019).…”

Overwatch Fandom and the Range of Corporate Responses

“…Instead, such controversial and transgressive (Mortensen and Jørgensen 2020) fanworks that make up a significant amount of fan labour are actively disavowed via legal action. Many fan creators operate in a legal grey area profiting from their works on platforms like Patreon (Kretzschmar andStanfill 2019, cf. Banks 2013).…”