Legal Question in Intellectual Property in California

Video game modification and IP infringement

Valve software corporation produces a popular video game series called ''Half Life''. Valve provides software tools so that end users with a knowledge of programming and 3D design can replace all existing art assets, effectively creating a new game using Valve's ''Source'' engine. Unfort., these days, well over 1/3 of all user created HL2 mods involve IP infringing content. The ability to play and make games with popular (and infringing) IPs as their subject certainly helps to drive sales of the Source engine.

Is Valve liable for ''for contributory and vicarious copyright infringement'' under the DMCA?

Could the aggrieved IP holders start a class action suit?

What would the most likely outcome of such a lawsuit be?

I think a similar instance is seen in the suit Marvel brought against NCSoft's ''City of Heroes'' franchise. NCSoft settled out of court.

I realize that this is a hypoth~ ques., but a definitive ans. may help avoid a world-wide community of aspiring game devs. avoid being litigated out of existence. I'm a legit game dev looking to inform the community.


Asked on 2/07/08, 10:42 pm

1 Answer from Attorneys
Cathy Cowin Law Offices of Cathy Cowin

Re: Video game modification and IP infringement

There are some factual ambiguities in your hypo and so I'm not attempting to answer; however, this is a very interesting question in an area I would like to evolve my practice into. I would be interested in chatting via telephone. From your question and if I'm reading it correctly, it would appear that all game developers using the source software as a means of basically shortcutting the development process are creating potential risk. Sort of "standing on the shoulders of giants" but without their permission.

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Answered on 2/08/08, 10:25 am


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