this post was submitted on 12 Dec 2023
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The modding community is the reason Bethesda has been able to get away with selling the same game for over a decade.
There are a million ways to solve the "legal problem", such as "don't initiate legal action against moddders".
This wasn't a problem that needed a solution.
That's a different legal problem as there are situations where if you don't protect your trademark you can lose it. But I'm not a lawyer and don't know if that situation would apply to mods.
Even in that case, it's easy enough to solve: grant permission explicitly under the condition that the assets remain in the context of the game (eg, don't export them to other games).
Consider other games that explicitly provide a blanket grant for people permission to use their game footage in videos (Team17).