Reneer

Redistribution permission is different from asset use permission. Simply because you have one doesn't mean you automatically possess the other, regardless of whether the mod author is gone from the scene or not. If the permissions page / license doesn't give you permission to use the assets in your own mod, then you still need individual permission from the mod author. Since I'm not a moderator hopefully one will chime in soon and explain how Nexus Mods officially approaches a situation like the one you are describing.

I'm certain (though I have no proof, mind) that he has been reported to Bethesda. It's just likely not worth it to them because, as far as I know, he isn't stealing and selling their intellectual property, only our intellectual property.

This is the way.

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You will likely want to check out OnHolotapePlay.

This is wrong. First, Bethesda does not in any way indirectly own the rights to mods. Read the CK EULA here. Relevant bit here: Secondly, our work is derivative from Bethesda's work, true. But Bethesda explicitly gives us a license to use their work as clearly defined in the CK EULA. Using the CK for free puts conditions on us in the process (don't sell mods, that disclaimer that I really should add to my pages, etc.) Yes, it is. Modding is illegal because it is creating a derivative work by its very definition. Works must be licensed from the copyright holder before you can use them in your own work. You can't take, say, a fictional character from a copyrighted book and stick them in your own work, just as you can't modify someone's source code without license from the developer. I agree with your basic point that simply referencing an NPC is probably not copyright infringement, since it would very likely fall under de minimis. But once you start doing things and interacting with that 3rd party actor is when it becomes a problem. Why? Because you're using someone else's character in your mod without permission from the creator at that point. Which is basically the definition of copyright infringement.

Care to actually elaborate on that statement? Wrong how, exactly?

Here's a brief overview which might be helpful (the link is Michigan-centric but provides a good summation).

You? No. At least, not very likely. Edit: Actually, now that I review the FO76 EULA again, it very much includes both you and the people using your mod, specifically: You might be wondering why I mention the FO76 EULA. I mention it because it directly forbids the creation of mods for the game or 'assisting' other people in modifying the game.

I am 99.9% certain it has happened. Why? Because it is 100% possible (I have a FO4 mod that works on the basic principle) and relatively easy to code (though my implementation has some bugs I need to iron out.) I have not personally seen any evidence of such a thing occurring in the wild, but I'm not a modding scene historian. That being said, it's Bethesda modding: If it can be done someone has probably already done it by now.

As I said in another post, de minimis / fair use is a thing and it would apply in some cases. But say a mod author, using Game.GetFormFromFile to specifically target your mod, grabs an important NPC you made and uses them for their own story, without asking permission. That's very suddenly veered from "yeah, I guess I can live with that" of grabbing simple KEYWORDs to "oh, hey, they just stole and used my character without asking," wouldn't you agree? Translations are protected by international copyright law (specifically the Berne Convention). That rule about translations that Nexus Mods has comes as a function of the Nexus Mods' ToS, not copyright law. It may be 'legal' on Nexus Mods, but if you go outside the Nexus Mods gates and try and translate someone's literary work without permission you'll probably be sent a cease & desist by the publisher. Yes, it would make automation of such things without permission / license illegal (which they already are via game EULAs, but that's neither here nor there right now.) Why do you think we need to sign an End-User License Agreement when we install the Creation Kit? In part to obtain permission to create and distribute mods (and force us not to sell them, natch). Yes, in part or in its entirety is the key bit there. Take my character-snatching Game.GetFormFromFile example up above. You aren't touching anything about the other mod... just using a specific NPC from that mod, which is without question intentionally stealing the character.

A mod dependent upon another mod is creating a derivative work because the 2nd mod is dependent upon the 1st mod to function properly. If there's something I'm missing here, please, enlighten me. Talk about fair use, if you want. Maybe the concept of de minimis. But simply stating "you do not need permission" as if it is fact isn't going to fly, unless there's something in the Nexus Mods ToS that I somehow missed the last time I read over it. Edit: I've come to the realization that I've been a bit of an a**hole in this thread. It's not meant as an excuse but I've been doomscrolling too much lately and obviously it has me on edge. I don't take back anything I've written because I think I'm correct (natch), but I definitely shouldn't have been posting when I was in such a sour mood. I apologize for my not-the-nicest behavior in this thread. As recompense, check out this video of Dave Grohl and Nandi Bushell rocking out: https://www.nytimes.com/2020/11/09/arts/music/dave-grohl-nandi-bushell-drums.html

I'm not talking about dependencies. I'm talking about importing assets, which, yes, includes Game.GetFormFromFile. Game.GetFormFromFile is, obviously, getting a form from an ESP file. Basically a database call. But that database is 3rd party, created by someone else, and is copyrighted. So someone plucking data from a 3rd-party ESP file to use for their own work is basically the definition of a derivative work. Which, as we all know, requires permission from the copyright holder. And that's not even getting into some of the EU-specific laws that protect databases.

Of course it is using the other mod author's work. Why wouldn't it be? Simply because it is made super-easy by the Creation Kit doesn't mean it is legal. Copyright law exists for this exact reason. As a quick example, if I write a book and post it up online for people to read, that gives zero justification for someone to take that text and put it into their mod, unless I've given permission for that particular use.

Depends on what is meant by "including assets." I would contend, for example, that code is very much an asset. And you don't even need to include code in a mod to use it, just call the function from the 3rd-party script. But if someone goes and calls functions in my code without my permission I am not going to be all too happy with that person.

"If the author has not provided any permission information at all - you should assume that you must request permission from the author."

Did you reply to this person via PM? Or did you jump straight to "warning" everyone about someone asking for your help? As for the moderators not doing anything, the only evidence you've given them is an innocuous message asking you for help. So what exactly do you expect the moderators to do in this situation?

It's against the written rules of this site and also against the law. If you can't get permission from the mod author then you don't use the mod.

Or, you know, they could have just been asking for your help. There's no hyperlinks, no shady stuff, just a username. It looks to be a legitimate request for help, all things considered.

No worries, we all make mistakes from time to time. I certainly have. What's important, I think, is acknowledging a mistake, privately or publicly, if only for the purposes of learning from it. :)

I don't know when you last checked, but they most definitely explain what you get when you subscribe, as found here with the 1 month subscription. Is it the best description? No. But it does adaquately explain what you get when you subscribe.

They did say that, actually. You just interpreted it incorrectly.

lol, that's a funny joke. Their lack of integrity and honestly? Nexus Mods is one of the more 'honest' companies I've ever encountered. Every member of staff I've ever interacted with has been honest and forthright. Dark0ne routinely makes announcements about what direction he feels is right for his site. Now, would I like Nexus Mods to be more forthcoming with certain things? Yeah, of course. But to state that Nexus Mods lacks integrity or honesty is, well, wrong. Unless you've got a better example than the current one we're discussing you're going to need to find a lot more evidence. Oh no, please, anything but that! Please don't force me to live in a world where if I want something I might have to consider paying for it!

More users, more bandwidth, more mods, more storage, etc. All of which costs more money. If you want to get rid of the pop-ups, my suggestion would be to pay money and support the site. It's a very reasonable cost and definitely worth it.