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).
Bethesda introducing an official way to sell mods solved the legal problem of using the game’s assets.
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).
Solving a problem that doesn’t actually exist.
I fucking hate civil lawyers and MBA bros.
Just edited to comment for clarity on that. Thanks.