[Molon Labe]

Originally Posted by Linton

I think SCS would be laughed out of court for suing someone who was trying to improve their flawed product for his own personal use and no commercial gain.How would they even be able to find the person doing it if all the modding was done on your own pc?

You're only looking at it from the point of view of the retail consumer. The court is going to look at it from both sides, and more importantly, is going to look at the law. When you do that, there is nothing to laugh about. There are going to be two issues that come up. First, does the creation of the mod violate SCS's rights? Unless you can make an argument that the mod in question is not a derivative product, the plain text of the law makes it clear that SCS has the exclusive right to create derivative products of DW. SCS is going to win that round, and then you get to round 2...what remedy does SCS have?

This is harder for SCS because they're probably going to have to prove some sort of damages. I suppose I could do some research and provide a more definite answer to this, but I don't have any background in intellectual property law so doing so is going to be a lot of work, so I won't do it. What I will say is that it might be the case that there are some sort of damages presumed by statute, or there might not be. If there is, then SCS wins again. If there aren't, then they have to prove damages which will be hard for them. If the mod got into circulation and caused their miltary sales to suffer, however, the creator of the mod is really, really screwed. Possibly to the tune of millions.

That's nothing to laugh out of court.

I certainly do not remember agreeing to a no mod clause when I bought Dw and if I had known that a DWX would never have been allowed I probably wouldn't have bought it.

I'm about 99% sure SCS announced here and in interviews prior to DW's release that a PCU would not be allowed. (DWX would have been allowed, just as LW/Ami has been allowed). I'm 100% sure you had to accept this...

Originally Posted by SCS-EULA

You shall not, in any way, modify, enhance, decode, or reverse engineer the Software. User-created scenarios may be distributed free of charge, but shall not be sold, licensed, or included as part of any package or product that is sold or licensed, without the prior written consent of Sonalysts. You may not rent or lease the Software or related materials.

...before you were able to install DW.

Molon,I see you are a law student,how do you fancy a class action suit as your first case?

For what exactly? Not that it matters, I probably lost the right to bring any such action by becoming a beta tester.