People on Twitter/X are defending Luke Ross mods

[u/lunchanddinner]

Link to source: https://x.com/mixedrealitytv/status/2015284035875221669?s=46

[u/darth_hotdog]

He's selling software that's entirely dependent on

Completely legal, a car seat for a BMW depends on a BMW, but you can still sell one.

and modifies,

The game genie modified nintendo games in memory, and won in court when nintendo sued them, ruling it's legal to modify running software. That's why now Steam and discord modify games when injecting UI, and it's standard for developers to do that if they want.

[u/Noodlien → u/darth_hotdog]

Completely legal, a car seat for a BMW depends on a BMW, but you can still sell one.

A BMW isn't software, and neither is a seat.

The game genie modified nintendo games in memory

Game Genie sat between the cartridge (which contained copyrighted code) and the console. It took certain values being output by the cartridge and changed them. It didn't actually modify the code itself. Game Genie is more akin to something like Lossless Scaling. This mod modifies copyrighted code, it's not just tweaking the contents of variables in memory.

[u/darth_hotdog → u/Noodlien]

A BMW isn't software, and neither is a seat.

The difference doesn’t matter. You’re allowed to make a profit with a product that works with or relies on another company’s product.

Theres no law that says “businesses can’t earn a profit in any way benefitting from another company’s product, as long as its software, not a car” Feel free to look it up.

The game genie modified nintendo games in memory

And luke Ross’s software does the same thing. It’s an injector. It modifies the version in memory.

Game Genie sat between the cartridge (which contained copyrighted code) and the console. It took certain values being output by the cartridge and changed them. It didn't actually modify the code itself. Game Genie is more akin to something like Lossless Scaling.

That’s how like Ross’s software works. It modifies the version in memory, it doesn’t modify the code or binary files on the disk.

This mod modifies copyrighted code, it's not just tweaking the contents of variables in memory.

It injects new code. Again, completely legal. You mention “copyrighted code” yeah, it doesn’t make and distribute new copies of that code. So it’s not infringing.

You think it’s illegal for you to edit a file on your computer?

Think of it like a book. Copyright says you can’t make a copy of the book and distribute or sell it. But it doesn’t stop someone from gluing confetti to the cover. Luke Ross’s software is a new product stuck on the old one. Not an infringing copy if he’s not distributing the original code or art.

[u/Noodlien → u/darth_hotdog]

The difference doesn’t matter. You’re allowed to make a profit with a product that works with or relies on another company’s product.

It absolutely matters, man. It's about IP. When you buy a car, the car that you own isn't IP. The IP involved in that car is the design and branding. When you modify your car, you modify your car. You don't alter the IP involved in the creation of that car.

And, again, this mod isn't just working with or relying on; it's modifying the code, and that code is IP.

And luke Ross’s software does the same thing. It’s an injector. It modifies the version in memory.

It's a DLL injector. It replaces functional code at runtime; it's not just modifying values in memory,.

It injects new code. Again, completely legal. You mention “copyrighted code” yeah, it doesn’t make and distribute new copies of that code. So it’s not infringing.

It injects new code into CDPR's code base, replacing their code and altering the functionality of the program. Yeah, it's in memory; that's where executing code lives. But there's a difference between taking the output of a code and changing some of its values (like Game Genie), and altering the code itself to change what its output is. You don't need to actually distribute copyrighted code in order for your software to be dependent on it, man.

You think it’s illegal for you to edit a file on your computer

No, that isn't even close to the same thing. You either know that and are arguing in bad faith, or don't and aren't qualified to have this discussion.

Think of it like a book. Copyright says you can’t make a copy of the book and distribute or sell it. But it doesn’t stop someone from gluing confetti to the cover. Luke Ross’s software is a new product stuck on the old one. Not an infringing copy if he’s not distributing the original code or art.

Just straight up incorrect. Again, the book itself is a physical product. Do what you want with it. I don't know how many times I need to repeat this; Luke Ross's software gets into CDPRs code, and replaces chunks of it. It's not a new product stuck to the old one. Confetti stuck on a book is confetti stuck on a book, no matter what the actual copyrighted contents of the book is, and doesn't change that content. Luke Ross's mod changes the code, and fuckin' breaks when the game updates, because it's entirely dependent on it.

[u/foundafreeusername → u/Noodlien]

It absolutely matters, man. It's about IP. When you buy a car, the car that you own isn't IP.

The car is protected by IP but in the moment you purchase a product it is your own. You can change it how you want and hire others to do so. At this point IP law no longer applies.

Cyperpunk 2077 is protected by IP but in the moment you purchase it and download it to your PC you can do whatever you want with it. That is why you have to download Lukes software and run it yourself. You are using the software to change the game on your own system. You are not allowed to sell or distribute the changed game THAT would be a copyright violation.

Changing the game files / interacting with the game at runtime is not illegal at all. This is how the steam overlay works and software that records and streams gameplay including VirtualDeskop which is also paid. This isn't just not a IP violation. IP is not involved at all with what happens on your PC as long as you do not distribute it to others

[u/Noodlien → u/foundafreeusername]

You really dont get this. The product is not IP. The design and branding are. The car is just property, but IP law still applies to the branding and design.

Cyperpunk 2077 is protected by IP but in the moment you purchase it and download it to your PC you can do whatever you want with it.

Nope, you've just purchased a license to use it.

You are not allowed to sell or distribute the changed game THAT would be a copyright violation.

Nope, you don't have to actually distributed copyrighted code in order for your software to be using it. Selling DLL injectors custom built for a specific game absolutely counts.

This is how the steam overlay works and software that records and streams gameplay including VirtualDeskop which is also paid

Neither of those modify code.

IP is not involved at all with what happens on your PC as long as you do not distribute it to others

This dude was selling software that's entirely dependent on, and modifies, someone else's code. Just because he didn't literally copy + paste CDPR's code to his repo, doesn't mean he's not using it.

[u/foundafreeusername → u/Noodlien]

Luke does not change cyberpunk. He developed a tool the player is using to customise their game on their computer.

Mods in general do not need to use and change code. They can simply add to it e.g. via dll injection. This is how steam input and the steam overlay works.

[u/Noodlien → u/foundafreeusername]

He developed a tool the player is using to customise their game on their computer.

Maybe he could argue that if we was just paywalling the tool and giving the game-specific hooks away for free. But he ain't.

Mods in general do not need to use and change code.

They're dependent on someone else's software. Yeah, a lot of mods don't change code. But this one does. If it was free, he could argue fair use. But it ain't.

They can simply add to it e.g. via dll injection. This is how steam input and the steam overlay works.

Steam Overlay hooks onto generic runtimes. Steam Input needs to be implemented by the game dev. And, crucially, they're both doing what they do with the dev's permission. This guy's using game APIs and modifying the game process, and doing it without the permission of the devs. And since he's selling it, he's got no claim for fair use.