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Legal Dimensions of Video Game Modding- A Comparative Analysis of EU, US, and International Legal Frameworks

Rabiolo, Marisa Pauline LU (2024) HARN63 20241
Department of Business Law
Abstract
This thesis investigates the legalities surrounding the creation of modifications (mods) for video games, focusing primarily on European Union law with comparisons to U.S. and international legal frameworks. The subject matter addresses how user-generated content, such as game mods, interacts with copyright laws and the challenges that arise in the digital era. The purpose of the study is to examine under what circumstances, if any, video game modifications are legal under EU law, and to explore the implications of these legalities on the broader gaming industry.
The research questions driving this investigation are: In which circumstances are modifications of video games legal under the laws of the European Union? How do these laws... (More)
This thesis investigates the legalities surrounding the creation of modifications (mods) for video games, focusing primarily on European Union law with comparisons to U.S. and international legal frameworks. The subject matter addresses how user-generated content, such as game mods, interacts with copyright laws and the challenges that arise in the digital era. The purpose of the study is to examine under what circumstances, if any, video game modifications are legal under EU law, and to explore the implications of these legalities on the broader gaming industry.
The research questions driving this investigation are: In which circumstances are modifications of video games legal under the laws of the European Union? How do these laws compare to those in the U.S. and other international jurisdictions? What are the potential legal exceptions and defences available to modders?
The methodology involves a legal dogmatic approach, analysing primary EU laws, including directives such as the Computer Programs Directive and the InfoSoc Directive. The study also incorporates case law and articles from legal journals to provide a comprehensive understanding of the legal environment.
The conclusions indicate that while EU law provides robust protection for the original works, there are nuanced exceptions and defences such as implied license, cultural preservation, and new technological advancements that can apply to video game mods. Additionally, the study highlights the importance of alternative dispute resolution mechanisms in managing cross-border legal issues in the gaming industry. (Less)
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author
Rabiolo, Marisa Pauline LU
supervisor
organization
course
HARN63 20241
year
type
H1 - Master's Degree (One Year)
subject
keywords
Video game modding, copyright law, EU law, mods, implied license, InfoSoc Directive, alternative dispute resolution, digital rights management
language
English
id
9158640
date added to LUP
2024-06-10 11:22:17
date last changed
2024-06-10 11:22:17
@misc{9158640,
  abstract     = {{This thesis investigates the legalities surrounding the creation of modifications (mods) for video games, focusing primarily on European Union law with comparisons to U.S. and international legal frameworks. The subject matter addresses how user-generated content, such as game mods, interacts with copyright laws and the challenges that arise in the digital era. The purpose of the study is to examine under what circumstances, if any, video game modifications are legal under EU law, and to explore the implications of these legalities on the broader gaming industry.
The research questions driving this investigation are: In which circumstances are modifications of video games legal under the laws of the European Union? How do these laws compare to those in the U.S. and other international jurisdictions? What are the potential legal exceptions and defences available to modders?
The methodology involves a legal dogmatic approach, analysing primary EU laws, including directives such as the Computer Programs Directive and the InfoSoc Directive. The study also incorporates case law and articles from legal journals to provide a comprehensive understanding of the legal environment.
The conclusions indicate that while EU law provides robust protection for the original works, there are nuanced exceptions and defences such as implied license, cultural preservation, and new technological advancements that can apply to video game mods. Additionally, the study highlights the importance of alternative dispute resolution mechanisms in managing cross-border legal issues in the gaming industry.}},
  author       = {{Rabiolo, Marisa Pauline}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Legal Dimensions of Video Game Modding- A Comparative Analysis of EU, US, and International Legal Frameworks}},
  year         = {{2024}},
}