this post was submitted on 23 Jan 2024
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Oh no!
Anyway, Nexus Mods would have been sued into oblivion and what was left of it was a burning garbage pit if you had your way. It's a good thing you don't have decision making power there.
Aren't free mods under fair use? There's plenty of copyrighted material on nexusmods and even steam workshop, always has been and I hope always will be. The only issue with palworld pokemon mod was it's monetization afaik.
Fair use doesn't work that way. The mod may be defensible if it targets the copyrighted material with implicit or explicit commentary, doesn't usurp the original market, and only takes what is necessary for that commentary. But even then, it is a legal defense and doesn't prevent a lawsuit. And further, it is based on US law and Nintendo is a Japanese company that may assert its own laws in Japanese courts.
Whether or not it's free has next to no bearing, unfortunately.
You're not wrong, but being free does make a pretty massive difference in this context. After all, there are literally hundreds of pokemon mods for other games, and hundreds more fan games and romhacks. Some of them are huge, like Pokemon Infinite Fusion has a discord with over 400,000 people. The only time Nintendo decides to come after those projects is when they start trying to make money.
Right, yes. Whatever the legal situation, there's always the chance that Nintendo doesn't come after you because you aren't seen as commercially profiting, even though it doesn't affect the fair use analysis.
But also, Nintendo absolutely has at times gone after projects even if they don't make money - they are the not always the most aggressive, but they are very unpredictable.