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Attorneys' Primer on Video Game Mods
A year ago, the word “fortnight” was relegated to relative obscurity — an archaic way of saying two weeks. In July 2017, however, all that changed. After software developer Epic Games released the blockbuster video game Fortnite Battle Royale — a multi-platform, free-to-play game in which players participate in a cartoonish fight for survival in a post-apocalyptic world — the word “fortnite” can now be heard everywhere.
Unlike other free games, Fortnite does not include ads; rather, to generate revenue it relies solely on in-game purchases from players to customize their avatar's appearance (called “skins”) with no other qualitative enhancements. Despite its simple premise and novel business model, Fortnite has been an overwhelming success, boasting 45 million players by 2018. USA Today recently reported that in May 2018 alone, Fortnite earned over $318 million, with over $837 million in revenue in three months. According to Forbes, the game earns $1 million a day just on mobile devices.
Fortnite also has an enormous e-sports following. Generally speaking, e-sports involves organized, multiplayer video game competitions, often between professional players. Two months ago, Epic announced it would provide $100 million to fund prize pools for the inaugural Fortnite tournament. But the true legacy of the success of Fortnite might be its impact on the world of user-generated video game modifications — or “mods” and the resultant intellectual property disputes. Depending on which game, mods can vary from minor cosmetic changes to substantive overhauls of preexisting properties. In some cases, mods are authorized by the original game developers; other times they are not.
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