@hn100 @RekietaLaw The fan projects are likely gonna lose.
The applicable law considers updates like this to fall under "sequel rights". The companies that own the rights to the games have an exclusive right to produce sequels, including improvements to existing games, so if the company says "we don't want you making this mod", they can say they don't want you making that mod.
Midway Manufacturing Co. v. Artic International, Inc., 704 F.2d 1009 (7th Cir. 1983), the first case that proved that video games were subject to copyright is regarding a mod for arcade machines that would allow new features in the games. Artic international was producing the mod, a circuit board including rom chips that modified the function of the machines to improve the game including fixing some bugs. Artic had a number of defenses including challenging the copyrightability of video games in general, but Midway ultimately won.
It's something we need to start thinking about when we put a bunch of effort into working on someone else's IP: You've got a sword of Damocles hanging over your head, at any time the rightsholder can cut the thread and kill your project.
The applicable law considers updates like this to fall under "sequel rights". The companies that own the rights to the games have an exclusive right to produce sequels, including improvements to existing games, so if the company says "we don't want you making this mod", they can say they don't want you making that mod.
Midway Manufacturing Co. v. Artic International, Inc., 704 F.2d 1009 (7th Cir. 1983), the first case that proved that video games were subject to copyright is regarding a mod for arcade machines that would allow new features in the games. Artic international was producing the mod, a circuit board including rom chips that modified the function of the machines to improve the game including fixing some bugs. Artic had a number of defenses including challenging the copyrightability of video games in general, but Midway ultimately won.
It's something we need to start thinking about when we put a bunch of effort into working on someone else's IP: You've got a sword of Damocles hanging over your head, at any time the rightsholder can cut the thread and kill your project.
- replies
- 0
- announces
- 0
- likes
- 0