Is it legit to create mod?
pastapesto
Member Posts: 3
Is it permitted to create mods for any of Beamdog games? According to EULA, which is available at https://www.beamdog.com/about/EULA, the next is stated:
> "Software" includes the Beamdog Player and other software purchased in the store. "Software" further includes executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
> The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
> Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
So therefore I can only make conclusion that it is forbidden by holder of copyright to do any modding activity. However, here we have big modding forum with lot of mods, including some exclusively for BG:EE. How can this be? What are really limitations of modding activity? Can I make mod and sell it as standalone product?
> "Software" includes the Beamdog Player and other software purchased in the store. "Software" further includes executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
> The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
> Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
So therefore I can only make conclusion that it is forbidden by holder of copyright to do any modding activity. However, here we have big modding forum with lot of mods, including some exclusively for BG:EE. How can this be? What are really limitations of modding activity? Can I make mod and sell it as standalone product?
0
Comments
All Infinity Engine mods (with the distinct exception of ToBEx), do not actually make changes to the games source code or software. We merely place files in the override directory; it is the software that dictates how those files are then used. Furthermore, we do not benefit financially from the mods that we produce which avoids a host of legal issues regarding derivative works.
May I ask why in particular this is of concern to you? Legal matter? Moral matter? Worried that Beamdog is going to stop offering support for games that have been modded?
Thanks for reply!
> Go make a computer game!
Good advice, probably will do some day
----
Hi Aquadrizzt,
Kindly thanks for your reply!
> do not actually make changes to the games source code
And we don't have source code of game, sadly
> We merely place files in the override directory
Software is not .exe file, it is full package of files that distributor provides to you.
We modify dialog.tlk files as well, so we modify software this way. Very rare mod doesn't have any translation strings.
Also the definition of software modification is quite complicated. Then you insert file in override folder you modify content of product and behavior of software, so therefore this can be considered modification in some sort.
> Furthermore, we do not benefit financially from the mods that we produce which avoids a host of legal issues regarding derivative works.
Not quite, mods are definitely derivative works, because we base on result of Black Isle/Beamdog development. As about non-commercial derivative work, I can recall some fanfics that have been hunted for years, bcz original author of writing didn't like how their characters are portrayed (e.g. Harry Potter).
> May I ask why in particular this is of concern to you? Legal matter? Moral matter? Worried that Beamdog is going to stop offering support for games that have been modded?
This is kinda complicated. I don't care much about Beamdog support for games that have been modded, and this was never the case. Perhaps, it is more legal matters, but not only about commercialization of some concrete mod. What I am more interested in is learning about general practice of legal limitations for modding (and not only in case of EE-remakes, but for other games as well).
Of course, that's all provided you're not trying to make money out of mods. I'm pretty sure any one who tries to charge people for them is going to get a cease and desist letter within days (if not hours).
As for why it's a breach of EULA even when done as a hobby may have to do with support.
how about some googling first?
"In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work."
A mod isn't of commercial nature, the modifications it implies are rather minor, and as we already said, modding keeps a community active, which is also good for the value of the copyrightrf work. And modability makes the game almost entirely tailor-made-able, which is something many like.
Beamdog being a small studio, they need that community. Some of you might have heard of the theory of the 1,000 true fans (http://kk.org/thetechnium/1000-true-fans/), which more or less says that one individual doesn't need millions of fans, but only 1,000 true fans that will buy their products to live. Well Beamdog has more than that but also need more than that -they are not just one person -, but that's still the idea. A very loyal community that will buy all or most of your products is what allows small studios to survive.
Besides, mods might cause compatibility issues between players that would want to play multiplayer with different mod installations, but it won't ruin the experience or give a huge advantage to a player over an other (even in Multiplayer, you play WITH the other player(s), not against them). So while an autoaim mod/bot would definitely ruin the multiplayer experience in an FPS, there could be no mod that would do that in BG.
"Please mod our games." - Phillip Daigle, https://forums.beamdog.com/discussion/comment/788206/#Comment_788206
"Mod away, install mods, have fun. Discuss great mods in the forums, suggest future mod ideas to the development community. Mods are awesome and we love to see how our community can improve this already awesome series of games." - Trent Oster
https://forums.beamdog.com/discussion/comment/788208/#Comment_788208
And there's also the case of people who ended up selling their souls to a software company: https://www.geek.com/games/gamestation-eula-collects-7500-souls-from-unsuspecting-customers-1194091/
> "Mod away, install mods, have fun. Discuss great mods in the forums, suggest future mod ideas to the development community. Mods are awesome and we love to see how our community can improve this already awesome series of games."
True, nobody says that Beamdog doesn't support mods development and doesn't invest their effort to improving modding stage. And this is exactly why it is pretty strange to see statement in Beamdog's EULA about disallowment of reverse-engineering/modifying the games.
So, as I understood, this is pretty normal that company can use community mods in their products and receive money by selling them as part of their final product, but still hold the right to ban distribution of whatever mod they want, if it would ever be the case. Or use it as a lever to make pressure on mod developer. But hopefully this didn't happen, though EULA looks pretty badly for me as a customer.
For GOG versions of games, EULA is even more strict and aggressive. Also there are plenty of games where I could find editor/game tools bundled in game, but no statements in Readme or EULA about fair use of their tools (e.g. Shadowrun Dragonfall/Shadowrun Hong Kong).
P.S. The complete statement by Trent Oster was
"We spent over a year putting together the agreements for the Enhanced Editions of the games. We have a multi-company agreement with all the stakeholders and we have the rights to distribute existing content and create derivative works for commercial release.
As a modder, or player, of the game you can mod the game to increase your enjoyment of the game. You however cannot sell mods, as you do not have a commercial exploitation agreement with all the stakeholders.
So, in summation, mod away, install mods, have fun. Discuss great mods in the forums, suggest future mod ideas to the development community. Mods are awesome and we love to see how our community can improve this already awesome series of games."
@JuliusBorisov, thanks for providing the references.
> Besides, I believe modding comes under the fair use terms
It is. And also laws about derivative work apply. If someone has real world lawsuits examples for non MMO games, then it would be interesting to find.
> Am I the only one that is impressed that somewhere in the universe there is at least one person that reads an EULA?
lol, yeah, looks like I am the second person, bcz first one was writing it
Beamdog has indeed used mod content for the EEs (Erephine's 1PP and some of DavidW's SCS scripts, for example), but as I understand they cleared that with the modders beforehand and most likely compensated them financially as well.
Sorry people. I won't translate that. It wouldn't make sense unless you were Brazilian anyway
That being said, I wouldn't try to put a mod up for sale anyhow, in case anyone is considering it. Free downloading of mods has become so standard that trying to charge money for a mod would just come off as a crass money grab.
Somehow charging for mods does seem crass, maybe because we do not value computer related labour as we do physical?
And I say that as an individual proud to have been banned on that forum.
PPS Saying that as a former modder, not a Beamdog representative.