Journal Articles

Modding the Implied License Doctrine: An Estoppel License Framework for Video Game Mods

Video game modifications have ignited radical innovation within the video game industry by being the basis for some of the most popular games. Many developers have encouraged user-created modification by also providing the resources for players to create. However, under current copyright law, video game modifications are a derivative work of the original game, so video game developers have the right to prevent users from publishing their creations.

Video game developers retain control over user-created modifications either by applying their statutory rights or through restrictive End User License Agreements. The control exerted by developers is contrary to the developers own actions which seem to be granting an implied license to create.

This article will examine if there is an implied license under the doctrine or whether the doctrine could be modified to justify video game modifications.