Modifications in Video Games - PowerPoint Presentation

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Modifications in Video Games

Amylee Hu-Fouye, Claire Robertson, Karson Fritzler & Marshall Mackoff

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Table of Contents

Introduction to mods

Case study: DotA

Mods for the purpose of creating art

Mods in e-sports

Mods for the inclusion of peoples with disabilities

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Introduction

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What are “mods”?

A “mod”, short for modification, is an alteration made to a video game by users or members of the video game community

Huge variety in terms of size, complexity, and effects

Some types of mods: add-ons, unofficial patches, art mods, mod packs, controller mods, and total conversions

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What’s the problem with mods?

Infringement of 3rd party copyright and/or trademarks

MARVEL ENTERPRISES, INC. v. NCSoFT CORP. 74 U.S.P.Q.2d 1303 (C.D. Cal. 2005)

Damage to brand via public revelation of game code or offensive mods

GTA: San Andreas Hot Coffee mod

Damage to user experience

Blizzard Entertainment SAS & Anr v Bossland GmbH &

Ors [2019] EWHC 1665 (Ch)

,

MDY Industries, LLC v. Blizzard Entertainment, Inc and Vivendi Games, Inc

.

, 629 F.3d 928 (9th Cir. 2010)

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What’s the problem with mods?

Infringement of moral rights/integrity rights

Nintendo of America Inc. v. Camerica Corp

. [1991], 34 C.P.R. (3d) 193 (Fed. T.D.), affirmed [1991] 31 C.P.R. (3d) 352 (Fed. C.A.)

Loss of profit

Davidson & Associates, Inc. v. Internet Gateway, 334 F. Supp. 2d 1164 (E.D. Mo. 2004)

aka

Blizzard Entertainment v. BnetD

,

Blizzard Entertainment, Inc. v. Alyson Reeves et al

United States District Court, Central District of CaliforniaCase No. 2:2009cv07621

Reduction of market share with creation of stand-alone games

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Where mods run into trouble

Infringing Copyright Law

In the US: Violation of the DMCA by circumventing copy protection technology on the source game

In Canada: Violation of the Copyright Modernization Act; contains similar provisions regarding circumvention

Often through reverse engineering

Violation of EULAs

Often through reverse engineering

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Case Study: DotA + DotA 2

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DotA Allstars

History:

Originally a custom map made on a built-in modding tool on Warcraft III: “World Editor”

Warcraft III’s EULA

did not contain any provisions assigning the IP rights of content created in the tool from the players back to Blizzard

Commercial purposes were still prohibited under the EULA

Modding community led by “Euls”, later by “Guinsoo” and “Icefrog”

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DotA 2

History (cont’d):

With Blizzard not owning the IP rights to DotA Allstars, Valve began development of its own standalone game, DotA 2

Valve hired Eul and Icefrog to develop the game, who agreed to assign any rights they had in DotA Allstars to Valve

Valve attempted to trademark “DotA”; Blizzard filed a notice of opposition

Ultimately, an agreement was reached: Valve would retain the right to use the DotA name for commercial purposes, while Blizzard would be able to use the name for the WC3 fan-made map

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DotA Allstars vs DotA 2

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… and Blizzard learned their lesson.

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Blizzard Entertainment Inc. and Valve Corporation v.

Lilith Games (Shanghai) Co. Ltd., and uCool, Inc.,

Facts

In 2015, Blizzard and Valve jointly filed a copyright infringement lawsuit against uCool and Lilith Games

The lawsuit asserted that two games infringed on the copyrights of DotA and DotA 2

The games directly used characters from DotA

The defendants’ arguments centered around the fact that many DotA characters were designed by fans, not Eul, Guinsoo, and Icefrog

Additionally, the plaintiffs argued that DotA should be viewed as “collective work” because the designers chose a compilation of characters (similar to a popular hits CD)

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Blizzard and Valve v. Lilith Games and uCOOl

Facts

As such, Eul, Guinsoo, and Icefrog would have been unable to assign the rights to all of the individual characters

Verdict (rejecting a partial summary judgement)

The court rejected these arguments, stating that the DotA games should be viewed as unitary wholes with the characters being inseparable from the rest of the game.

Additionally, as is the case in the movie-making context, only the individuals who exercised creative control are considered the work’s authors and thus possess ownership (and are capable of assigning)

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One last interesting quote...

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Mods for the purposes of creating art

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Machinima and Art Mods

Mods that use games as creative media

Machinima refocuses the game for the purpose of storytelling or movie making

A form of modding that uses a recorded version of gameplay for a purpose beyond game play

“Art mods modify the game play experience through manipulation, interventions, appropriation, or other creative transformation of a game’s original visual content as it is consumed by users during a play session”

Walt Scacchi, “Computer game mods, modders, modding, and the mod scene” (2010), 15 First Monday 5

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Example: Grand Theft Auto V

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9:47 to 10:37

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The Role of Rockstar North

Rockstar Editor “provides a robust suite of recording and editing tools allowing users to build a library of captured footage”

Allowed users to record gameplay footage

Players can edit their footage and upload it online

Director’s mode feature

Jose Antunes, “Matt MacDonald: How I created a film using a video game”,

ProVideo Coalition

(12 July 2017), online: https://www.provideocoalition.com/matt-macdonald-created-film-using-video-game/ .

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Rockstar Editor

Creation of multiple mods that allowed users to fine tune aspects of movie creation in the video game

Scene Director is a mod in Grand Theft Auto V created specifically for the recording of Machinima

Allows for users to use stage lights to light a scene is a similar fashion to a high production movie

Jose Antunes, “Matt MacDonald: How I created a film using a video game”,

ProVideo Coalition

(12 July 2017), online: https://www.provideocoalition.com/matt-macdonald-created-film-using-video-game/ .

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Legal Issues

Rockstar Games believes in reasonable fan creativity, and, in particular, wants creators to showcase their passion for our games. After discussions with Take-Two, Take-Two has agreed that it generally will not take legal action against third-party projects involving Rockstar’s PC games that are single-player, non-commercial, and respect the intellectual property (IP) rights of third parties. This does not apply to (i) multiplayer or online services; (ii) tools, files, libraries, or functions that could be used to impact multiplayer or online services, or (iii) use or importation of other IP (including other Rockstar IP) in the project. This is not a license, and it does not constitute endorsement, approval, or authorization of any third-party project. Take-Two reserves the right to object to any third-party project, or to revise, revoke and/or withdraw this statement at any time in their own discretion. This statement does not constitute a waiver of any rights that Take-Two may have with respect to third-party projects.

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Legal Status of Mods

Currently, mods are viewed as derivative works

Legally, the copyright holder needs to grant permission for the mod to exist

This also means that the copyright holder can also control whether the mod ceases to exist

Ryan Wallace, “Modding: Amateur Authorship and How the Video Game Industry is Actually Getting It Right” (2014) 1 BYU L Rev 219, p. 218

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Software License Agreements

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The Concept of Fair Use

Fair use is any copying of copyrighted material done for a limited and transformative purpose

Can be done without the permission of the copyright holder

Richard Stim,

Getting Permission: How to License and Clear Copyrighted Materials Online and Off,

4th ed (USA: NOLO, 2010).

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Complications with Fair Use and Machinima

Parody falls under the fair use doctrine

Most machinima projects are created as parodies of the video games used to create them

Never tested in court

Sarah Reiger, “Complications with Machinima: Using Video Game Footage to Generate Cinematic Productions and Potential Conflicts with Copyright Law”,

Michigan Technology Law Review,

online: https://mttlr.org/2015/10/complications-in-machinima-using-video-game-footage-to-generate-cinematic-productions-and-potential-conflicts-with-copyright-law/.

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Company Responses

Currently, companies are largely dictating what can and cannot be done by releasing “Game Content Usage Rules” or similar documents

Example: Microsoft's Game Content Usage Rules from 2012 and 2015

Tom Phillips, “Microsoft slaps down user creation rules for machinima, videos, and fanfiction”

EuroGamer

(10 October 2012), online: https://www.eurogamer.net/articles/2012-10-10-microsoft-slaps-down-user-creation-rules-for-machinima-videos-fanfiction.

Tom Phillips, “Microsoft clarifies rules for game content usage on YouTube, Twitch”,

EuroGamer

(16 January 2015), online: https://www.eurogamer.net/articles/2015-01-16-microsoft-clarifies-rules-for-game-content-usage-on-youtube-twitch.

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Options for the Machinimators

Individualized Agreements

End User License Agreements

Defence of Fair Use

Sarah Reiger, “Complications with Machinima: Using Video Game Footage to Generate Cinematic Productions and Potential Conflicts with Copyright Law”,

Michigan Technology Law Review,

online: https://mttlr.org/2015/10/complications-in-machinima-using-video-game-footage-to-generate-cinematic-productions-and-potential-conflicts-with-copyright-law/.

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“If someone was to be found using a controller that gave a competitive edge in game we unfortunately can’t do anything until someone is suspected of cheating and then we would investigate.”

“Custom mods are harder to regulate [than purchased mods].”

@ Carter “SilkyMittens” Astleford

@ Bailey “Ponnox” Dietrich

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Questions? Experiences?

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Mods for the inclusion of peoples with disabilities

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How are products designed?

Assumptions:

Two hands

Ability to hold

Two thumbs for sticks

Reach needed for bumpers/triggers

Endurance to hold controller weight for long periods

Xbox, “Xbox Adaptive Controller: A Brief History | Inside Xbox”,

YouTube,

video: https://www.youtube.com/watch?v=7y7cAQb21DQ

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Game Interaction Model

Receive Stimuli

Determine Response

Provide Input

Discrete Input

Analog Input

Yuan, B., Folmer, E. & Harris, F.C. Univ Access Inf Soc (2011) 10: 81.

https://doi-org.ezproxy.library.ubc.ca/10.1007/s10209-010-0189-5

.

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Why is inclusivity important?

51.2 million people in the USA had some level of disability (Census 2002)

32.5 million of them had a severe disability

65% of the US population plays video games (NPD Group)

Yuan, B., Folmer, E. & Harris, F.C. Univ Access Inf Soc (2011) 10: 81. https://doi-org.ezproxy.library.ubc.ca/10.1007/s10209-010-0189-5

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What has been done?

Expressly designed adaptations

Adaptations of commercial devices

F. Iacopetti, L. Fanucci, R. Roncella, D. Giusti and A. Scebba, "Game Console Controller Interface for People with Disability,"

2008 International Conference on Complex, Intelligent and Software Intensive Systems

, Barcelona, 2008, pp. 757-762. URL:

http://ieeexplore.ieee.org.ezproxy.library.ubc.ca/stamp/stamp.jsp?tp=&arnumber=4606764&isnumber=4606618

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Express Adaptations

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1989 Nintendo Hands Free Controller

Operated by user’s chin and sucking into a tube

Mouth controllers are usually used by players with quadriplegia

aka “sip and puff’

Yuan, B., Folmer, E. & Harris, F.C. Univ Access Inf Soc (2011) 10: 81. https://doi-org.ezproxy.library.ubc.ca/10.1007/s10209-010-0189-5

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Xbox Adaptive Controller

In 2018, Xbox came out with a controller for gamers with disabilities

two large programmable buttons

Nineteen 3.5mm jacks for external buttons, thumbsticks, and triggers

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Microsoft Super Bowl Commercial 2019

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B) Adaptations of Commercial Devices

F. Iacopetti, L. Fanucci, R. Roncella, D. Giusti and A. Scebba, "Game Console Controller Interface for People with Disability,"

2008 International Conference on Complex, Intelligent and Software Intensive Systems

, Barcelona, 2008, pp. 757-762. URL:

http://ieeexplore.ieee.org.ezproxy.library.ubc.ca/stamp/stamp.jsp?tp=&arnumber=4606764&isnumber=4606618

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Benjamin J Heckendorn, “Single Handed Xbox One Controllers”. online: https://www.benheck.com/xb1s_controllers/

Single-handed Xbox Controller

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Guitar Hero Foot Pedals

Nathan Gibson, “Ingenious Video Game Controllers Made For People With Disabilities”

Ranker,

online:

https://www.ranker.com/list/video-game-controllers-for-people-with-disabilities/nathan-gibson

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Single Hand Joy-Con Adapter

Nathan Gibson, “Ingenious Video Game Controllers Made For People With Disabilities”

Ranker,

online:

https://www.ranker.com/list/video-game-controllers-for-people-with-disabilities/nathan-gibson

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Mike Begum aka “BrolyLegs”

Luke Winkie, “For Disabled Gamers Like BrolyLegs, Esports Is an Equalizer”

Vice,

July 14, 2017.

,

online: https://www.vice.com/en_us/article/ywgqxv/for-disabled-gamers-like-brolylegs-esports-is-an-equalizer

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VR Tech for peoples aging into disability

Balance impairments

Dexterous manipulation with fingertips

B.S. Lange, P. Requejo, S.M. Flynn, A.A. Rizzo, F.J. Valero-Cuevas, L. Baker, C. Winstein, "The Potential of Virtual Reality and Gaming to Assist Successful Aging with Disability,"

Physical Medicine and Rehabilitation Clinics of North America,

Volume 21 Issue 2, 2010, pp. 339-356. URL:https://doi.org/10.1016/j.pmr.2009.12.007.

(http://www.sciencedirect.com/science/article/pii/S1047965109001156

)

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Thank you!