legality issues with mods

  • Thread starter Thread starter lamejohn
  • Start date Start date
L

lamejohn

Guest
I'll do some more research into this, but I am curious to find out some specifics before I commit hundreds of hours of my life into something and end up getting sued for it.

My curiosity is the trademark/copyright infringement implications when creating a mod based on someone elses concept/ideas/work etc. For example, the upcoming mods based on star wars, the matrix etc.; can those be considered infringement of copyrighted material, even thought the developers are not profiting off of them? I have a sneaking suspicion that Valve would not get behind one of these mods, regardless of its popularity, because of these issues.

I suppose a mod team could set up a limited liability company just incase--that way if you got sued they can only take the assets of the LLC (for a mod team that's pretty much 10 or 15 litres of mountain dew), and they can't sue individual members.

It's all fun and games until you get your taint sued off by a production company with bottomless pockets.
 
lamejohn said:
My curiosity is the trademark/copyright infringement implications when creating a mod based on someone elses concept/ideas/work etc. For example, the upcoming mods based on star wars, the matrix etc.; can those be considered infringement of copyrighted material, even thought the developers are not profiting off of them?

mkay all i know is this happened to a few BF1942 mods.

Example : BF1942 mod for Starcraft, they emailed blizzard and blizzard replied "no way, no you can't use starcraft in the title or any starcraft names in any of the stuff and you can't make a mod that duplicates anything from our games"

but on the other side

Example : Galactic Conquest for B1942, they emailed lucasarts and even with the now released Battlefront, all they said was "you can't use the name star wars in the title" so they continued to make the mod and name stuff "tie fighters" and the like but just gave it a different mod name

so in the end it all really depends on how relaxed the company is that you are trying to mimick their products. email them. see what they reply. I think technically speaking though, it IS copyright ingringement even if you don't make money off of it since it is using someone else's intillectual property and modifying it or something like that but i could be wrong
 
LeX05 is absolutely correct.
 
With Star Wars you are also unable to use any of the characters.

The Half-life 1 mod Existence was originally Matrix based but changed to be Matrix inspired in case of intellectual property rights coming up(I think).
 
Well, the best way to go about it: Always ask the copyright owners first.

-Angry Lawyer
 
You can create new Intellictual Properties (IPs) based on somebody elses IP. An example of which was a book based in the world 'Gone with the wind' But the IP must not be Harmed in any way and the new IP must be able to prove that that it is more original than somebody elses work. you should also add a disclaimer stating the IP is based in the world of the other IP but is not endorsed by the IPs owners.

Do not use any primary Characters, or Copyrighted/Patented Words.

examples
1) making a mod based in the world of the Matrix, but before Matrix 1, and using totally new characters would be allowed. But making Matrix 1 into a mod would be a violation.
2) Making a mod based on HR Giger' s Alien and in Space, would conflict with Fox's IP rights from thier Movies. Creating a unique creature based on the works of HR Giger and on a post apotoclyptic earth would be acceptable as you remove the key elements the duplicating of somebody elses IP.

If I were doing a mod based on somebody elses IP I would come up with a working proof of concept 1 simple level with rough models and basic gameplay and then ask for permission that way you can include an example of how you are not going to harm thier IP. Do not use a Video Game as the basis for your mod doing so will most likly get you a cease and desist.

I am not a lawyer, and you should consult with one that specializes in IP, copyright and patents before you attempt to undertake any work they may infringe upon some one elses rights
 
Look.. as long as this is a non-profit, private/personal thing (and I use that loosely, just say you're sending it to a couple of friends) then they can't do anything. They can send you a 'Cease and Desist' order, which can't really do anything. The only way they would ever even think about taking you to court, is if this gets big, and you start marketing it for loads of money. Also, try to not to take resources from others, if you can't. Having hand made everything yourself (or within your mod team), helps.

Go for it, man.
 
Sunlight said:
Look.. as long as this is a non-profit, private/personal thing (and I use that loosely, just say you're sending it to a couple of friends) then they can't do anything. They can send you a 'Cease and Desist' order, which can't really do anything. The only way they would ever even think about taking you to court, is if this gets big, and you start marketing it for loads of money. Also, try to not to take resources from others, if you can't. Having hand made everything yourself (or within your mod team), helps.

Go for it, man.

Not really, here's an example of a mod shutdown for copywrite/ I.P breaches: http://mods.moddb.com/1530/

And the letter they got from Blizzard:

Dear Sir or Madam:

Recently, we have received an increasing amount of feedback from our customers in regard to the probable copyright infringement of Diablo, Diablo II, StarCraft, Warcraft II: Battle.net Edition, Warcraft III and World of Warcraft products (each, a "Program") on the Internet. We here at Blizzard share the concerns that many gamers are voicing. In this regard, we have contacted one of your users in connection with the aforementioned site and the infringement of Blizzard intellectual property.

Please note that all title, ownership, and intellectual property rights in and to each Program and any and all copies thereof (including, but not limited to, any titles, computer code, objects, characters, character names, stories, dialog, catch phrases, locations, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, any related documentation, and "applets" incorporated into a Program) are owned by Blizzard Entertainment or its licensors. Each Program is protected by the trademark and copyright laws of the United States, international copyright treaties and conventions, and other laws. Blizzard reserves all rights in each Program, except those rights granted by Blizzard in writing. Each Program contains certain licensed materials, and Blizzard's licensors may protect their rights or rely on Blizzard to protect those rights in the event of any violation of the end user license agreement and copyright law.

As part of our effort to protect all proprietary rights related to Diablo, Diablo II, StarCraft, Warcraft, Warcraft II: Battle.net Edition, Warcraft III and World of Warcraft, we would like you to promptly remove all materials infringing on and/or all materials which allow others to infringe on the copyrights and/or trademarks of Blizzard Entertainment's products from the aforementioned site which you host or disable access to such site. This includes any unauthorized software, artwork, images, sounds or derivative works thereof that may be on the aforementioned site. This includes the StarCraft mod currently being worked on. Additionally, we would appreciate it if you would communicate this request to those individuals involved in the creation and maintenance of your web site.

Please be advised that at this time you have forty eight ( 48 ) hours in which to comply with our request otherwise we will be forced to pursue further action by notifying your ISP. We would like to thank you in advance for choosing to work with us in a unified effort to promote the integrity of our games and the well being of our online gaming community.

Regards,
Anti-Piracy Team

Blizzard Entertainment
http://www.blizzard.com/support
It has nothing to do with size or generating money. It has to do with blatantly using something else's Intellectual Property.
 
lamejohn said:
I suppose a mod team could set up a limited liability company just incase--that way if you got sued they can only take the assets of the LLC (for a mod team that's pretty much 10 or 15 litres of mountain dew), and they can't sue individual members.

It's all fun and games until you get your taint sued off by a production company with bottomless pockets.

Setting up an LLC will not guarantee you 100% protection. LLC's are designed to have the benefits of a corporation with the benefits of a sole propreitorship/partnership.

An unintended benefit of a LLC, is what you said, any liabilities are limited to the corporation. That means if you take out a loan for 100,000 USD and your corporation can't pay for it, they will just take the assets of the corporation away (of course there are exceptions to that). However, with lawsuits, that is different. From my understanding is that if you maliciously break the law (such as disrespecting IP rights), not only will they go after your LLC, but they maybe able to go after you as well. Keep that in mind. An LLC is not a shield for you to break the law.
 
Sunlight said:
Look.. as long as this is a non-profit, private/personal thing (and I use that loosely, just say you're sending it to a couple of friends) then they can't do anything. They can send you a 'Cease and Desist' order, which can't really do anything. The only way they would ever even think about taking you to court, is if this gets big, and you start marketing it for loads of money. Also, try to not to take resources from others, if you can't. Having hand made everything yourself (or within your mod team), helps.

Go for it, man.

you know the RIAA is suing people for pirated music, and winning. What you just said is piracy no matter if its is a private individual or a corporation.

you can be sued for look and feel, and theft of conceptual ideas! just look at the what blizzard said again " Please note that all title, ownership, and intellectual property rights in and to each Program and any and all copies thereof (including, but not limited to, any titles, computer code, objects, characters, character names, stories, dialog, catch phrases, locations, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, any related documentation, and "applets" incorporated into a Program) are owned by Blizzard Entertainment or its licensors. Each Program is protected by the trademark and copyright laws of the United States, international copyright treaties and conventions, and other laws. Blizzard reserves all rights in each Program, except those rights granted by Blizzard in writing. Each Program contains certain licensed materials, and Blizzard's licensors may protect their rights or rely on Blizzard to protect those rights in the event of any violation of the end user license agreement and copyright law."
 
They foxed Stargate mod 2 years ago. Tho the new stargate mods are allowed.

Lucaarts foxed a mapper for star wars stuff in it. It was an amazing UT map.


Don't forget Square. Those asian's who don't know whats good for them. They shut down a game which originally was a mod but later became a game. The game was called "Chrono Resurrection". A remake on Chrono Trigger. Ninentdo shut them don't without mercy. Look at the graphics on this baby. http://www.opcoder.com/projects/chrono/ I wish I had a modeler and mapper like this guy. All that work for nothing.


The StarCraft Xel'Naga Vengeance mod for CnC Generals: Zero Hour Total has been "Foxed," as they've received a cease-and-desist letter from Blizzard.

http://sc2.fargus.com/index_eng.html
 
BlueWolf72 said:
Lucaarts foxed a mapper for star wars stuff in it. It was an amazing UT map.

I've followed his work since he was in the strike forece mod for UT. He actually fought lucas arts, and won. They allowed him to realease the maps minus some content, plus he started up the troppers mod that actually recieved permision, and some actual content from lucas arts in terms of sounds and permission to use some content such as the vehicles.
 
johnshafft said:
is this an offer for free legal counsel?

Well, you may e-mail me with your question, and if I get the chance I will get back to you, most likely I will.
 
Back
Top