this post was submitted on 23 Jan 2026
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Let's be clear: 3rd party mods do not in general contain 1st party IP. So no, I reject the idea that the modder was making money "with" their IP, unless there's something I don't know about this mod specifically. This is a perfectly legal and morally clear niche, and the game devs are overreaching.
For instance, the creators of phone cases don't need permission from the creators of the phone. I also have 3rd party controllers for my switch, 3rd party game cartridge holders. I fixed my phone using an iFixit kit (3rd party). In none of these instances were the third party required to get 1st party approval.
All your examples are physical objects that are owned and physically manipulated or extended, not software that is not owned but always only licensed (yes, even when you buy a physical medium, the software is only licensed), and subject of very complex trademark, copyright and intelectual property laws. Its like saying I can safe look directly at the moon that means i can safe look directly at the sun because both looking like lights in the sky. You can and should not, and things that look a lot like each other don't have to follow the same rules.
Oh and try to fix your physical John Deer tractor with anything not bought from John Deer (and even that is only possible to do in the US since 2023) you will very soon see the limits of 3rd party.
Btw the creators of phone cases and controllers and such need the permission when they use the trademarks and registered names owned buy other companies. You may be allowed to create unofficial accesoirs but you have no right to the trademarks to put them on your product or in your advertisements.
Granted, DRMs and the DMCA complicate things legally. Not morally though. Retro games don't have licences though, and courts have ruled that the copy protection systems on those consoles are generally insufficient to count for legal purposes. do you oppose paid romhacks too?
Why should retro games have no licenses? And I personally don't oppose anything, just pointing to the laws and how I understand it. Am I a lawyer? No! Is my knowledge of such laws primarly only valid for germany and the EU? Yes
There could be a legal basis against romhacks, and even a bigger one if they are paid, but it could may be legal too. That is one of those cases where a court ruling would be helpfull to be sure.
I mean to say, there's no T&C with retro games.