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[[Category:Real World]]
[[Category:Real World]]
==Copyright and fair use==
==Copyright and fair use==
To understand the full picture of copyright we have to look into its real world implementations.
To understand the full picture of copyright, it is necessary to consider its real-world implementation.
Game companies have an interest in not upsetting their '''fan base''', especially the organized structures like gaming communities.


'''Game communities''' are like '''voluntary support structures''' that provide services the companies would otherwise have to pay money for. Most aspects can be considered direct or indirect '''sales promotion'''. These communities usually offer:
Game companies have a strong interest in not upsetting their '''fan base''', especially organized structures such as gaming communities.
 
'''Game communities''' function as '''voluntary support structures''' that provide services companies would otherwise need to fund themselves. Many of these contributions can be understood as direct or indirect '''sales promotion'''. These communities typically offer:
* First contact and '''general help''' for [[wp:Newbie#Connotations_of_variants|newbies]].
* First contact and '''general help''' for [[wp:Newbie#Connotations_of_variants|newbies]].
* Providing specific '''guides''', tips and tricks, up to complete playthroughs.
* The creation of '''guides''', tips and tricks, and even complete playthroughs.
* Communities can help in running competitions and other (promotion) events. This can be any creative activity like fan art creation. The support for cosplaying can create the companies '''visibility''' at gaming fairs like the gamescom.
* Support in organizing competitions and other promotional events, including creative activities such as fan art. Cosplay contributions can increase a company's '''visibility''' at events like Gamescom.
* An '''additional channel for updates''' (information and content).
* An '''additional channel for updates''' (information and content).
* '''Bug-reporting and bug-fixing.''' In rare cases community members might even help out in maintaining the source code.
* '''Bug reporting and, in some cases, bug fixing.''' In rare instances, community members may even contribute to maintaining source code.
* '''Mods improve the replay value''' and therefore the overall '''customer satisfaction'''.
* '''Mods that improve replay value''' and thus increase overall '''customer satisfaction'''.
* Communities increase '''chances''' that '''other games and products (merchandise)''' of the company '''are bought by fans.'''
* Increased '''likelihood''' that fans will purchase '''other games and products (merchandise)''' from the company.
* Companies can more easily recruit trustful fans as betatesters for new games.
* A pool of trusted and engaged players who can be recruited as beta testers for new releases.
 
As a result, most companies employ community managers. In practice, companies often '''tolerate limited uses of their intellectual property''' because they benefit from these activities. '''A strictly enforced copyright regime could suppress creative community contributions, reduce engagement, and ultimately harm the company itself.'''


Therefore, pretty much all companies have community managers on their payroll. Technically, the companies allow copyrights to be ignored to a limited degree as they profit from it. '''A strict application of copyright would kill creative activities in game communities, make them ineffective and therefore mean selfdamage to the companies.''' -- With enough labor own works can simply fall under the [[wp:Fair_use|fair use rule]] and therefore overrule copyright.
However, this does not mean that copyright is overridden. In some cases, fan works may fall under [[wp:Fair_use|fair use]] (depending on jurisdiction), but more often they exist within a space of '''informal tolerance or explicit licensing policies'''.


'''Modifications''' (mods) often stay '''behind of being ''own games'''''.
'''Modifications''' (mods) often remain '''short of becoming ''independent games''''':
* Usually, optional 2D and 3D content is added. Even plenty amounts of it. But other ''features'' like new game mechanics often require game engine modifications and remain limited.
* Typically, they add optional 2D and 3D content, sometimes in large quantities. However, more fundamental changes - such as new game mechanics - often require access to or modification of the game engine and are therefore limited.


GenAI has the potential to break the company's cost-benefit calculation.
Generative AI (GenAI) has the potential to disrupt this cost–benefit balance:
* An endless production of new content based on old content would be not in the interest the company.
* The large-scale or automated production of new content based on existing assets may conflict with the company’s interests.
* When you consider involved artists and technicans that helped creating the game, things get even more complicated. Mass-produced fan made content that gets created for "free" might endanger the living of before-named people.
Considering the artists and '''technicians''' involved in creating the original work, mass-produced fan content generated at little or no cost could threaten established creative professions.
* Unlimited new content that stealing attention and motivation from potential consumers is to be avoided.
* An overabundance of derivative content may '''dilute attention''' and reduce consumer motivation to engage with official products.


'''The conclusion is to aim for symbiotic co-existence.'''
'''The goal should be a form of symbiotic coexistence''':
* Game communities should not create situations of ''competition''.
* Game communities should avoid creating direct ''competition'' with official products.
* In contrast to official expansion packs and [[wp:Downloadable_content|DLCs]], [https://wccftech.com/cyberpunk-2077-vr-mod-taken-down-by-cd-projekt-red/ mods shouldn't be placed behind paywalls].
* In contrast to official expansion packs and [[wp:Downloadable_content|DLCs]], [https://wccftech.com/cyberpunk-2077-vr-mod-taken-down-by-cd-projekt-red/ mods should generally not be placed behind paywalls].


As for 2026, the conflict potential by mods from GenAI are more hypothetical than realistic, but it will become relevant one day. In the far future co-dev arrangements are thinkable but that is ''uncharted territory''.
As of 2026, conflicts arising from GenAI-driven mods remain largely hypothetical, but their relevance is likely to increase. In the long term, cooperative development models between companies and communities are conceivable, though this remains ''uncharted territory''.


==Possibilities and limitations==
==Possibilities and limitations==
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