Is distributing 3rd party software that makes HEX edits to a game legal?

[chrisDrake146]

Hi, I'm new here.

Does anyone know of any literature which addresses the distribution of 3rd party software that technically is not a mod of the game itself, but allows the user to modify the game via that software?  (The legality of distribution of software that makes custom-mods to the game, but it in of itself doesn't have any substantial code from the original game or any of the original game's files?)

For example, I'm writing a small desktop application that functions as a new "Settings" menu for an old PC game that I'm modifying.  This new "settings menu" is a simple user-interface where the user can make selections, clicks buttons, etc., to in effect make their own custom mod of the game.  This desktop application/3rd party software, when executed (after the user specifies at least one change to the game via the user-interface), will make changes to the original game files.  (And so that naturally requires that the users have their own copy of the original game's files.)

Even more specifically, the application knows the contents and directories of the files it modifies, but it doesn't contain any game code itself.  (It knows the location in the EXE where the code is, and so it can rearrange, change weights, toggle options, etc., without containing actual game code. Basically, my software does HEX edits that I already know how to do by hand.)

I'm making this application, because there are MANY combinations of modifications (custom mods) that can be done to the game.  I don't want to present myself (or others) with a limited number of variations, and thus I want to provide a means to have any variation that we please.

Question
If I distribute ONLY my 3rd party software (written from scratch) on the internet (free of charge), rather than actual modifications to the game itself (which would naturally be distributing copyrighted material), would there be any possibility of any potential copyright infringement, lawsuits, etc., to your knowledge?

By my understanding of articles like this, https://hackerbot.net/faq/54-are-game-hacks-legal , I may be in the clear.  But articles like this https://mttlr.org/2012/11/gaming-mods-and-copyright/ make me feel like maybe I shouldn't have started hacking games to begin with!


Thanks for your time,

Chris

[dshadoff]

If you wrote the software, then you shouldn't be referring to it as "3rd party software".

If you wrote it, then you own the copyright, and can do whatever you want with it (I believe that this is the case, if I understood correctly).
If you didn't write the software, yet are distributing it, you are infringing on the author's copyright (but that doesn't appear to be the case, if I understood correctly).

As for contributory infringement related to other people using your software for hacking games... that's generally more difficult to claim, and even more difficult to prove.

On the one hand, the manufacturer can't control whether a hammer is used for nailing two boards together or for bludgeoning somebody to death.  So, use of something outside of its intended purpose can't be blamed on  the maker.

On the other hand, if you are explicitly encouraging people to use the software for an illegal purpose, you may be jointly liable.  But first things first: there needs to be somebody who feels strongly enough that they have been injured by this to file suit, and they actually need to prove a crime has been committed (and to a certain degree, they need to prove that this has caused them injury).

(Note: I am not a lawyer so this is merely my opinion, not legal advice).

EDIT: I just re-read your original post - the above is an answer related to generic hex editor.  If you are writing something which essentially functions as part of the game, there may be other rights that the original game authors have.  Having said that, even if they object to the existence of your mods, a first step would generally be a "cease and desist" order prior to a suit.

[chrisDrake146]

Thanks for your reply, dshadoff!

If you wrote the software, then you shouldn't be referring to it as "3rd party software".

If you wrote it, then you own the copyright, and can do whatever you want with it (I believe that this is the case, if I understood correctly).
If you didn't write the software, yet are distributing it, you are infringing on the author's copyright (but that doesn't appear to be the case, if I understood correctly).

Yeah, I actually have been trying to contact the owners of copyright, and thus I am in the habit of writing "3rd party software", because that's how they would see it.  But yeah, it's my own (that I've written from scratch).

As for contributory infringement related to other people using your software for hacking games... that's generally more difficult to claim, and even more difficult to prove.

On the one hand, the manufacturer can't control whether a hammer is used for nailing two boards together or for bludgeoning somebody to death.  So, use of something outside of its intended purpose can't be blamed on  the maker.

So if they use my software to make a custom mod of the game, and then sell that mod?  (This is the only possibility, because my software will only do specific things.)

Also, thanks for the term.  I will look it up and see if it can possibly be used against me in any way!

(Note: I am not a lawyer so this is merely my opinion, not legal advice).

I understand and don't in any way hold you liable to your opinion.

On the other hand, if you are explicitly encouraging people to use the software for an illegal purpose, you may be jointly liable.

I am encouraging those who have played the game in the past to buy the original game again, should they not have it anymore; and, I'm encouraging those who didn't know of the game before to do the same.

I understand the mess that has come out of how people use hacks to get an unfair advantage in competitive online gaming.  The leaderboards that this game exists on are speedrun and lvlup.  I'm a moderator on speedrun (have actually re-designed much of the leaderboards since my stay), and thus I will make a separate leaderboard (or at least column) for runs that used one or more mods.  (And on lvlup, the moderator is willing to make a separate category/leaderboard for modified versions of the game.)

So again, I appreciate your time, but, since the online gaming issue is taken care of, and the fact that buying the game is required (my software cannot create original game files in any way, as it takes them as input), may I ask if there is any possibility that comes to mind of when this can be the case?

If you are writing something which essentially functions as part of the game, there may be other rights that the original game authors have.

Well, it's not an "additional component".  My knowledge is limited, and thus I'm not adding anything new to the game that wasn't already in the code.

I have been able to uncover just one feature that was "buried" (and maybe stuff that maybe only the developers knew were there, but not the publishers).  So that's the only concern I have (but that one feature just changes the appearance of the cars . . . it's a racing game).  But for the most part, I have only made available to the user to modify more (pre-existing) components of the game that they couldn't do from the default settings.

Having said that, even if they object to the existence of your mods, a first step would generally be a "cease and desist" order prior to a suit.

That's great to hear!  I have no objections to removing the software, should the copyright owner (one day) start to complain.  I have made a huge effort to contact them (not trying to hide it from them in any way), and they are not in any way interested to answer any of my questions (or even tell me NO).  Just nothing!  So, although I cannot say that I suspect that they will never complain, I can say that there is reason to believe that they may never complain.  In fact, one guy has been publicly selling each hack he made to the game separately.  (He hacked the PS1 version, but I hacked the PC version.)

But thanks again for your reply, and if you reply to any of the above, I appreciate it, but if not, thanks again for your opinion!