Mods as Lightning Rods: A Typology of Video Game Mods, Intellectual Property, and Social Benefit/Harm

Video game modification, or ‘modding’ – nonprofessionals altering or adding to games – is, in some interpretations of US law, copyright infringement or a violation of end-user license agreements. However, though mods are roughly all equally (il)legal, the industry only sometimes uses its legal power to stop them. In this article, we explore the economic and social factors that impact how video game corporations employ the law in relation to modding, revealing a symbiotic relationship. We argue that the specific content of a mod matters for how it’s assessed and whether rightsholders attempt to stop it. We propose a new model where structural analysis of the modder–industry relationship is supplemented with textual analysis that asks of specific mods who they benefit and harm. We argue that this will enable a better understanding of when and how the industry takes legal action.