[Von Manteuffel]

The "credit" and "plagiarism" issue doesn't concern me directly. I couldn't mod my way out of a paper sack; but I am concerned that the issue could severely damage and/or fragment the Subsim modding community which, I believe, should be prevented at all costs.

Someone earlier mentioned that people might need lawyers if this thread follows a certain path. I've consulted several friends who are lawyers, some of them copyright specialists and the message is plain and simple. Essentially, in most jurisdictions, modders own the copyright of their mods ( if in no other form than owning the intellectual copyright to their work ) The fact that mods are made available for download and use, free of charge is an irrrelevance. A modder can give away, rent, or sell his mods, with, or without conditions, but the means of distribution and terms of use do not remove, or diminish the modder's ownership of his, or her own work.

So, the GWX team own the GWX mod. They released it for free use by players,
( God bless 'em) but just because no money has changed hands doesn't mean that their work, or that of any other modder, is "up for grabs." No-one has the right to use the property ( intellectual, or otherwise ) of another person, or persons without the permission of that person, or persons. In making GWX and other mods available free of charge, the modders are giving us, the users, permission to downlaod and use their work as presented. It is legally, ethically and morally wrong for anyone to use someone else's propertry as a basis for his, or her own work without seeking the permission of the original owner - whether the original owner states that this is a requirement, or not.

For example, believe it, or not, I own this post to this thread. The fact that I have chosen to post it so that people can read it freely does not diminish the intellectual copyright I hold over it. So, if anyone were to use my words in a form which was identifiable as being taken from this post, or seek to publish it anywhere else in the world in other forums, or in print etc. they should ask my permission to do so. ( an extreme and ridiculous example, used purely for effect, but legally accurate.)

So, the situation re. mods based on other mods is, essentially, very simple. Anyone wishing to use a previous mod as a basis for a new one should request the permission of the original modder - preferably before starting work on their new mod. Every mod to every computer game has, in law, an owner. Their rights are inviolable, whether stated, or not. In short, just because you can get something for free doean't mean you can mess about with it, change it, or use it as the basis for something else. The unwritten contract users have with modders is a permission from them to incorporate their mods into our individual gaming experience- nothing more.

True, there are grey areas, but not nearly as many as some people seem to believe.
For example, TedHealey graciously credits me with kick-starting an idea for a radio mod for SHIV in his mind. Before embarking on a mod very similar to his work, I asked his permission - even though he says the idea was partially mine in the first place. Why?
a) because it's the reasonable, open, courteous and honest way to go about things
and b) because it was TedHealey, not I who discovered and posted the way of editing the files necessary to make the mod ( the idea I kick-started) work.

The problem, of course, lies in policing and redress should someone decide, in effect, to break the law. But that's where reasonableness, co-operation, honesty, courtesy and decency come into play - qualities which abound in Subsim.

If those who feel that their work has been misappropriated wish to sue, they can do and they'd probably win - but the only ones who would benefit would be the lawyers. So, in the absence of any form of redress ( and I share Jaeson's worries about "punishments" - as well as doubting that any could be devised which would be effective, or enforceable. He is also correct when he points out that it is not the role of the Subsim Moderators to decide guilt and innocenc) we have to rely on people

a) understanding the law and b) doing the right thing.