But not all are agreeing with that hard-line, and I admit that--while I will abide it out of respect--I still am disappointed, and I did not see the world of computer game modding quite so severely. I did not imagine it infused with such a spirit of gravity. But my opinion requires an explanation.
DragoonWraith—whom I know only because his name is on virtually every “Discussion” page on the TESCS wiki (and from whom I learned a lot!)—interprets such redistribution as a lack of respect for the original modder. A lot of people here do. But I am stunned to read that! My way of thinking was, and is, completely the opposite. In a circumstance where full credit is given in a spirit of enthusiasm for a good game, I admit I am having a hard time viewing the distribution of gaming modifications in the same light as one might view distribution of some other product. I do not diminish all the hard work that you all do--or even the hard work that I did--by admitting that, at the end of the day, I still view this as just a gaming endeavor. What is off-putting to some posters and to myself is that a spirit of enthusiasm and encouragement seems not as prevalent as a spirit of legal severity and jealous nit-picking, which stifles the very reason why these mods should exist. Many people, like myself, just like playing a fun game. I perceived my action of posting this mod as if I were saying, “Hey guys, look what I came up with using the tools you made! How awesome is that!” To interpret that as a *hostile act* against the original author, a lack of respect—I still admit I cannot understand that. It seems completely upside down to me and lacking all perspective. I see it *precisely* as an act of respect. I suppose that is where our main difference lies.
OK, a few things.
One, for a modder who is still working on a mod, unofficial copies of their mod (modified or not) being available for download present a very serious headache. If you don't know where it is, you don't know to update it, you get angry e-mails from people who downloaded it elsewhere and have an out-of-date issue. You run around trying to figure out why someone is still having a bug you thought you fixed - only to learn that they're using a version of the mod that shouldn't be available anywhere.
In the case of mod compilations (which ROM is... and then some. But at the base it's a compilation with your own tweaks applied on top), this is especially problematic - people
can't (easily) update to new versions that you might release. Aside for mod compilations' sullied history (almost always done without permission, and often without credit being given to those its due - which I realize you did not do), it's a very significant problem.
Therefore, the default is to assume that the modder does not want the mod re-uploaded. Most modders want to control distribution - for credit, but more important for their own sanity. Unofficial uploads, mirrors, and forks result in having to deal with e-mails of bugs, complaints, etc etc, that have nothing to do with your work but with someone else's. There basically is no modder ever who relishes the thought of dealing with bug reports - they're complicated, difficult, and time-consuming, due to the complex nature of a heavily-modified Oblivion game. Tracking down bugs, glitches, and conflicts is bad enough when it's only your own work you have to worry about. If you're also getting complaints about what others have done - that does not make a modder happy.
Modders
should state what they'd like done with their mods. They should give notice when they're leaving the community, and state what they would like done with their mods. Ultimately, neither happens regularly. When it doesn't, we have to go back to that default - that they don't want anyone else messing with their mods.
And what I think is a major point: every mod that has been released to this community was released under those assumptions. To change them now, especially when we cannot contact the original authors, would be grossly unfair.
So yes, respecting modders' work
requires that we not re-use it without permission. Even if they've left, even if we've tried to contact them, even if they probably wouldn't mind - unless you can say for certain that they
definitely won't mind, that's just not your call to make. Until a modder releases their work for re-use, to assume it would be disrespectful.
You think your situation is bad? Well, story-time! In addition to having my name on nearly every Discussion page on the Wiki (by the way, I really do appreciate the note there about that; made me happy to see it appreciated), I'm also currently one of the longest-standing members of the Oblivion modding community, having joined this forum years before the game was even released and modded Morrowind a bit (there are a handful of others who are also part of the old-old-old-guard, plus from what I understand quite a few of the people I used to mod Morrowind with are still in the Morrowind forum, modding it). Therefore, I can remember what very few people on this forum can, which would be a website called Euro-RPG.
Euro-RPG was, in its day, the #1 Morrowind mod host. It was popular for a number of reasons (but the main one was that your mod was available for download as soon as you uploaded it), and it hosted thousands of mods (it's worth noting that it was not as large as TES Nexus, however). There were many,
many mods that could only be found there - including many that were extremely popular.
Then, one day, for whatever reason (and the possible reasons are myriad; server costs, real life affecting the admins, whatever), Euro-RPG shut down. It was gone - and so was every mod on it. TES Source (the precursor to TES Nexus) went down, a long time back, but luckily Dark0ne managed to retain the mod database, and recreate the site as TES Nexus, complete with every mod on it. That didn't happen with Euro-RPG. The database was lost.
A great many of those mods didn't include information on what should happen to them if such a thing should happen. And the authors of far too many could not be contacted. The result? Those mods were never publicly available again. People who had downloaded them previously still had them, of course, but the community agreed - no one could re-upload them without permission. It was a tough time for the community; a huge blow. The Oblivion modding community has never faced anything like that, but ultimately, this community is an extension of that one.
And the importance of respecting modders' rights - even when we suspect, but cannot know for sure, that the modder would rather we didn't - has been a foundation of this community from before this community started. Whatever your opinion on the matter, really, I think it's rather clear that changing our basic assumptions about how modders' work should be treated is something we simply
cannot do without notifying the authors, which in many cases is impossible.
This is also why modders
should explain how they want this situation handled. Some modders
do specify "if I've been gone for X months, and you e-mail me and I don't respond for Y weeks, feel free to do what you wish with the mod" is something I have seen in many readmes - but probably more from Morrowind, when people remembered the Euro-RPG fiasco, then for Oblivion, most modders of which have never heard of Euro-RPG.