this post was submitted on 12 Dec 2023
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I agree that a person has a right to charge for their work. I just feel mods are a real legal quagmire. The best way around all of this is a Pateron style system where a creator is supported but not directly charging for mods.
The issue is that mods often use some part of the original creation so ownership is a tricky issue. However if the company is willing to pay creators then I guess that is OK, like this case.
Bethesda introducing an official way to sell mods solved the legal problem of using the game's assets.
The modding community is the reason Bethesda has been able to get away with selling the same game for over a decade.
There are a million ways to solve the "legal problem", such as "don't initiate legal action against moddders".
This wasn't a problem that needed a solution.
That's a different legal problem as there are situations where if you don't protect your trademark you can lose it. But I'm not a lawyer and don't know if that situation would apply to mods.
Even in that case, it's easy enough to solve: grant permission explicitly under the condition that the assets remain in the context of the game (eg, don't export them to other games).
Consider other games that explicitly provide a blanket grant for people permission to use their game footage in videos (Team17).