Edit: Dear god this is why I don't wanna proof morning posts.
Mutant1988 said:
[The SDK's EULA's legality.]
I think we're going two different directions here.
It's not about how enforceable it is, how bad for PR it is. The gamer bite on big publishers, ain't that big. Look at Electronic Arts. Also, this link you've provided... Doesn't actually help your side of things. The section within the Wiki is for the validity of "Shrink Wrap agreements" and only helps my point along when it starts talking about software based licenses. The GECK, or Skyrim's equivalent needs to be "unpacked" before you're able to use it. This uncompression and decryption process is only done after you've made the agreement. Edit: You can't make a mod, and then have the software go "Oh, by the way... I hope you've been following this agreement we're going to force you to agree to."
If that were the case, you'd be spot on.
Furthermore, and I know, Skyrim's system may be different than Oblivion's, but all I've got here is peering over the shoulder.
You know what compiling is? "(of a computer) convert (a program) into a machine-code or lower-level form in which the program can be executed." You need the modding tools, to compile whatever resources you've built so that the game can understand it. You're using the modding tools, which is subject to the EULA. So that naked Khajiit you slaved over in Maya? Bethesda could take it.[footnote]"Khajiit innocent! Has fur, not naked! Khajiit innocent!" Wait, am I doing this joke right? I haven't actually played the game.[/footnote]
Mutant1988 said:
[Engine devs don't take an obscene amount of money from the developers.]
Next up, the engine bit, I think you got it, but I wasn't trying to make a point about what they take, just that I can't download the UDK for free, and assume that just because I got it for free, I could use it to do whatever I pleased with, which is what you seemed to imply. You've side-stepped considerably. C'mon, baby. Stay close to me. I ain't gonna bite. Let's pop a cold one together, aye? It's 5 o'clock somewhere, and just because it's 11 where I am, means nothing.
Mutant1988 said:
[Rights, and responsibilities. The main On Topic deal.]
Oh god, this is a cluster fuck.
So, let's make our video game, you and me, alright? It's a shooter game where desperate humans and religious aliens duke it out. Let's call it Holo. A modder steps in with a variant of the religious alien that's made some color alterations and spikes. Our game is successful. We probably haven't paid attention to the modding community because "Look! a shiney thing!" is a common affliction with me and we're up to build a sequel. As a beefier enemy type we're introducing, we decide to make a alien with spikes on his back. We release our game.
Now we're in court. Our model is too similar to the modder's, and we're accused of stealing the modder's spiky alien design.
This is why AAA companies request to waive their creative rights. They're not afraid to lose, they're afraid to even step in there. Furthermore, Holo's still in development, right? Someone made a modified optimization engine which boosts our performance. Removing a significant portion of the creator's rights allows us to take the code, peek at it, and build our own with parts of the modder's code. Devs do this
all the fucking time! Look at WoW! Yeah, it'd be nice to bring the modder in as a consultant, or hire another modder on to build a game based on their total conversion mod. Is it right to waive the rights of creative modders? Not really, but the purpose is to prevent court abuse and to allow us to integrate ideas we may not have thought the community wanted.
And my post, isn't JUST about the modders. It's about the entirety of the system. Publishing games that don't meet[footnote] That's the 3rd "meat" I had to correct. I must have been hungry.[/footnote] expectations? Bad. Early Access? Debatable idea, super fucking bad if abused. Greenlight? Great idea, really, really bad if abused. Paid mods? Awfully executed, but there may be an idea forming here.
Listen, going back to my naked Kajiit example... Can you really say the six tittied wonder is creatively yours? If we look at Long War [http://www.nexusmods.com/xcom/mods/88/?], it's still X-com. It's a totally different game, but that's X-com baby, with it's 95% misses.[footnote]DIIAAZZZZ! He's got one hit point and out of fucking cover! That's the fourth shot in a row! I... Fuck it, you're so fucking disbanded after this. Where's my team rocket shot gunner. He'll land a hit with his 20%.[/footnote] We could probably argue that something like Counter-Strike or Day of Defeat being so far out there that it's creatively the mod owners, but have we seen a Total Conversion mod in Skyrim that maybe uses less than 5% of the game's built in assets? I'm gonna go out on a limb and say, "No."