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Cake day: July 15th, 2023

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  • I don’t think you have a clue about the relevant law if you’re saying things like “derivative works are fair use”. They absolutely aren’t which is exactly the reason game devs can exert such strong control over mods generally. Fair use would not necessarily limit commercial use either if it applied here.

    In the case of the VR mods they are making the argument that this is not really a derivative work of the games in question at all because it is a generic framework that supports numerous games similar to how an emulator runs all the games of a platform and can present them differently from the original hardware. We won’t get to see how that argument would do in court probably because the modder can’t afford to go to court with these huge companies.

    I wouldn’t really say it’s about “property” either. Copyright and all these related rules are a completely man-made concepts unlike real property which has a pretty intuitive basis in our reality where only one person can hold a physical item at a time.





  • The argument for these VR mods not running afoul of copyright law as it currently exists is that they’re more like an emulator that supports a significant number of games and don’t really modify the game itself at all. Obviously game companies tend to hate emulators too and have even tried to go after them so you probably can’t trust their judgement on this.

    You could even draw parallels here to something like Google’s recently announced autospatialization feature of Android XR that will make it possible to play any game (in theory, in practice some games will probably work better than others) with 3D visuals. Google certainly isn’t offering that for free since it only works on an Android device that they get paid for because it is using their software.