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Who bears responsibility for mods - The people who use the tools, or the

I pose a question to you: If I create and release an innocuous game which is modifiable by anyone, and somebody creates a sexually explicit add-on for the game, am I responsible for this user generated content? At first many gamers might say "No, because you didn't create the content yourself." But, I did create the platform and give the modder the means to turn my innocuous game into anything he or she likes.

It's a very pertinent argument doing the rounds at the moment as the likes of Jack Thompson and Co use third party mods as pretext to launch legal action against publishers and developers.

Mods have, since days gone by, been an integral part of any video game. They extend the shelf life and freshen titles which should have long since died off. Half-Life is, of course, the penultimate example of our age: Without Counter-Strike do you think that it would have lived such a long shelf life of prosperity; no matter how good the original game was itself.

Whether a game had good mod support or not could decide where entire online communities of amateur developers would devote their creative time and efforts. I recall Return to Castle Wolfenstein was trashed by Medal of Honor: Allied Assault in terms of sheer fun; but RTCW lived a longer life because all Allied Assault ever really got a crappy map editor for modders to play with.

The problems really cropped up around the time of Hot Coffeegate. Despite the fact that the Hot Coffee mod only really unlocked what was already in the game, hidden from view; soon Jack T & Co were hot on the trail of naked Sims and other such moral turpitude.

Developers and publishers who had relied on modders to make them more money over time, without having to pay a cent beyond releasing mod tools, were very quick to slit the throats of many modders in the face of legal wrangling and threats.

The ultimate question is, who is responsible for the mods - the people who make the mods, or the people who give the modders the tools they need to create the mods? It's an interesting question with many parallels - for example, would you sue a gun maker for a murder committed with their weapon? If it were that clear-cut we wouldn't be having this argument, but the fact is that there is no legal precedence on this issue, and so you never do know what could happen.

One thing is for sure: You won't get as much kudos for creating the next Counter-Strike as you would have two years ago.

Give this a read from Gamasutra if you're interested in this topic.

Comments (23)

Knyte:

The author of the MOD is the one responsible for the content. Otherwise, the
blame game would never end.If you blame the developer for making the tools that
the modder used to create questionable content, then by that same argument you
could blame Microsoft for giving the developer a OS to run his program on, and
hardware manufactoring companies for making the equipment on which the Mod was
created on.People need to take personally responsibility for their own actions.
And, the courts need to place blame on the individually who commits the offense.
Computer games are digital entertainment, so lets look at who is responsible for
"mods" of other entertainment:If someone splices extra frames into a movie reel.
(Like the porn clips that Tyler Durden spliced into a children's cartoon in the
movie, "Fight Club") Is Disney to blame? Or the person who added the frames in
the culprit?If someone remixes a song, and adds in drug references, sexual
content, and foul language, do you blame the original songwriter, or the person
who did the remix?I believe that by that fact we even have to have this argument,
there is something horribly wrong with our justice system, and those that run it.
Society needs to grow up and people who are in trouble need to quit pointing
fingers at other people, and take the blame like a dignified individual.Guns
don't kill people...people do. If guns did not exist, there would still be
murders. And, I guess people would start suing knife companies.People who
started smoking after the warnings were placed on cigarettes have no one to
blame except themselves for getting cancer or other medical conditions from
smoking. It was their choice and they need to live with the consequences of
their choice.If you didn't do your homework, don't blame it on the dog.If you
stole a cookie, don't blame it on your sister.If you mod a game and get in
trouble for it, don't blame the developer.

Anonymous:

Creating original mod content is one thing and one in which the original
developer or publisher should not be responsible for. Simply unlocking pre-
existing content that was created by the developer but not initially exposed is
completely the developer's fault.

Anonymous:

The blame is on the author of the MOD... if you go by the reasoning of these
people then you have to blame gun companies for the murder of people which is
utterly preposterous. The people who shoot others with a gun are to blame just
like the maker of the MOD is to blame

Joel P. Redding, CA:

The modder should carry the responsibility. I think this subject is analogus to
any artist. Does the person who built and sold the brush, paints, and canvas,
hold responsibility if some sicko draws child porn? I think the answer is clear.
And the same should be said for games.

Anonymous:

ok i think it is originally the developers fault cause they let thier games have
mods but it ulitimatly comes down to the modder on the content

Anonymous:

The author of the mod. If I get a bunch of wood and tools at Home Depot, build
a trebuchet and proceed to rain destruction down upon my neighbors, is Home
Depot responsible for the destruction I cause?They provided me with the
materials I needed, knowing full well that I could have built either a deck or
siege engine- pretty much even odds there.(btw- penultimate? someone hang an
editor!)

Anonymous:

What about a Barbie Doll?That can be modified for many costumes and poses. So
why are video games so special ??

Anonymous:

Along those lines, it's possible to modify a bitmap and post it on the Internet
for all to see? Even young children have access to such drawing tools. SHOCKING!

Anonymous:

No doubt about it, it's the modders responsibility for content they create, not
the author of the original content - even if he provides tools.If someone 'mods'
their pistol by loading the barrel with cement and then is injured firing the
weapon, why would the gun company or the cement company be responsible?

AJ LeDoux:

The people who play the games and the mods should be responsible for what
happens to them or what they do to other people. I don't know what the laws are
in other countries but in the USA there is a thing called freedom of speech.
Mods and games should be protected under this law, just like when people give
speeches and people make commercials. When Martin Luther King Jr. gave his
speeches there were people who were angry and appalled by the things he was
saying, and today we think of him as revolutionary. Maybe today we are going
through something similar, but not nearly as vital as equality amongst races.
Today people who don't play video games think killing with guns and knives is
different than killing a kupa troopa by jumping on it. It's both the same thing.
I grew up playing Mario and when I was younger I played games like Doom, and
Carmageddon. I am only 16, so it really wasn't that long ago, but I am one of
those teenagers who will all of the sudden bring a gun to a crowded area and
rain bullets from the sky just because I killed a bad guy in a game. I'm not
going to be the first one to say that when I got my first kill in CS it was
awesome, but that doesn't mean my personality automatically switches to a serial
killer. So if you don't like what you see in a mod or a game, just don't play it.
It's the same thing you do with music or a T.V. show, if it offensive, listen or
watch something else.

Anonymous:

Are video camera makers liable for child porn? Are car makers liable for drunk
drivers? Gun makers have not been found liable for murders with their guns.
You could argue all are enablers of bad behaviour, but just because someone can
do a thing does not imply that one will do a thing. The one that creates the
content is ultimately responsible.

Anonymous:

Jack T is equipped to be a male prostitute... Then again as his chosen
profession of lawyer, most people would argue he is, but just because he's
equipped for it, doesn't mean he'll be one..(At least not the street walker
type)

SinisterTengu:

A good comparison would be a non-video game like Monopoly. If someone were to
cut out porn from a magazine and tape it to the game board and then distribute
it somehow, should Parker Brothers be held responsible for the pornographic
content? Should they start labeling Monopoly boxes with a warning that the
content may not be safe for children even though in its factory form it is safe?
They have no control over what you do with their product, so obviously in that
case nobody would blame Parker Brothers. Video games that can be modded should
be treated the same way. The developers can't control what people do, and as
long as the code and content in the box that they are selling isn't pornographic,
it shouldn't be labeled as such.And really, the modder shouldn't get in trouble
for what they make either, as its basically free speech. Unless it has illegal
content like child porn or something, there's no reason it shouldn't exist.

Anonymous:

Considering that this year (or was it 2005?) in the US we saw the case of a guy
locking his mobile home at 55 MPH while driving on the highway, then leaving the
wheel to go and make himself a coffee in the back WON his case and a new mobile
home because the user manual didn't mention that 'you must not leave the wheel
while driving' (frankly stupid, right?), I'd say the US system is sufficiently
fscked up to warrant such an interrogation.Similarly, game licences should wear
the mention 'any and all modifications made to the original game data are
considered their author's full responsibility' - otherwise, you may very well
see charges pressed on the Sims' editor for a naked skin appearing as a mod...
because it wasn't mentioned that this shouldn't be done.Yay US system. Note:
about freedom of speech, don't forget it has been put aside and pretty much
suppressed by the Patriot Act and subsequent similar texts.Sorry guys, US isn't
a democracy anymore.

Anonymous:

Can someone make me a mod for a game where i go around shooting lawyers and
people who file legal suits?I'd have great pleasure watching clips of it in
court as their heads get chopped off.

Anonymous:

Sorry, there is no way that the original company has any responsibility over the
mods. To me, this is not even debatable. You can easily make offensive games
using simple game-making software that allows you to create games without
knowing any programming. Let's sue them then. You can easily think of modding
software as easy game-making software.Let's also sue the keyboard and mouse
producers, without them they couldn't make the games. Mouse and keyboard should
be sold with a permit. Let's sue the electricity company. Let's sue the farm
that produces the eggs the psycho eats, he used the energy to produce offensive
content.

Anonymous:

Can you blame a camera manufacturer for obscene photos taken with that
camera?Can you blame ancient phoenicians for inventing writing when someone
writes an overly explicit novel?Can you blame pants manufacturers for making
pants that can be worn too low?I can only see blaming a manufacturer if they
make a product that can ONLY be used for objectionable purpose. In just about
any other case, blame the user.

Anonymous:

If content is unlocked that is in the game already (like Hot Coffee) then the
game developer should be responsible. They are consciously putting the content
in there knowing it can be unlocked. Now as far as MODs are concerned I don't
think the game developers need to take any of the responsibility. Do I get to
sue MS if I lose all my work data because someone was able to develop a virus
that works on Windows? Unfortunately not.

Anonymous:

Can you blame a camera manufacturer for obscene photos taken with that
camera?Can you blame ancient phoenicians for inventing writing when someone
writes an overly explicit novel?Can you blame pants manufacturers for making
pants that can be worn too low?I can only see blaming a manufacturer if they
make a product that can ONLY be used for objectionable purpose. In just about
any other case, blame the user.

Anonymous:

How about someone mod Postal 2 to replace Gary Coleman with Jack Thompson in the
mall shootout?Let's not forget Jack Thompson is such a great example of proper
behavior that he's now being prosecuted for comtempt of court for trashing the
judge in the FL rockstar case.

Meralonne:

Umm neither the modder of the developer are to blame. Every mod requires the
"user" to install it on their computer. We as a society value the concept of
free will but seem to ignore personal responsibility for private actions.To use
an analogy akin to the others already listed. A manufacturer produces a gun
that conforms to all laws in existance and gains the approval of the governing
body for sale. Someone modifies the grip on the gun to change the aesthetic and
feel, again within the bounds of the law and sends it out to people for free
with instructions on how to install the new grip. Someone buys the gun, gets
the new grip and installs it and uses it to kill someone else. Who is at fault?
According to this thread, it seems the guy who modified the grip is to blame and
if not him, then the manufacturer of the gun who abided by all laws.The mod is
out there, the modder gains no money from their efforts and does not install it
on everyone's computer without their knowledge.It's called being responsible for
your own actions.

Anonymous:

I think this is a question that has an answer you'll find 99% of people uttering.
Problem is that it's about video games, and the problem with that is that after
all these years and technological advances you'll still find that the people
that actually hold water in the decision making can't and won't take games as
seriously as any other medium in maturity or artistry. They don't understand
videogames, they don't understand the content of them, the appeal nor can they
appreciate all the talent it takes to put into a game. It's seen as a delinquent
market that's only trying to appeal to adolesent 13 year olds and little kids
when in fact this only seems to be a quarter of the actual markets where adults
make up the rest.I think these kind of issues are going to be around to stay for
a few years. No one is going to change their minds on this issue, we're going to
have to wait for new people that hold water to make new decisions.

Anonymous:

"Meralonne said... Umm neither the modder of the developer are to blame. ...
The mod is out there, the modder gains no money from their efforts and does not
install it on everyone's computer without their knowledge. It's called being
responsible for your own actions."Thank you, Meralonne, for a voice of reason.
I'm not 9 or 12 or 15, I'm 53 and what I choose to put in my game is my
business!

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