I've read about a mod that was created by someone which replaced textures on a model the player can have sex with in the game, so that it appears as though the player is having sex with Keanu Reeves. In reaction to the mod, CDPR asked Nexus Mods to remove the mod, and they also issued the following statement about it to PC Gamer:
I don't have any opinion on the mod or an interest in it. But what a CDPR representative said here can be misleading and sounds like CDPR either mischaracterized why the mod was removed, or otherwise were overstepping their authority.
Keanu Reeves could go after a mod using his likeness without permission if he wanted. But that's not CDPR's call unless Reeves has solicited them to act on his behalf in this matter. And a violation of what are called "Personality Rights" is a separate matter than a CDPR rule on mods, and is one which doesn't come down to whether people are allowed by CDPR to mod their game in a certain way.
People are always entitled to mod their own software per their sole discretion - excluding ToS violations for online services and copyright violations.
Nexus Mods could also remove the mod from their website for the sake of avoiding any issues stemming from a usage of Reeves' likeness without his permission, or just to make CDPR happy. But they are under no legal obligation to remove a mod just because CDPR or another publisher or developer disapproves of that mod in particular or the idea of people modding their games in general.
The only situation in which a company like CDPR has the right to impose a rule against modded content is when it comes to people's activities while playing on that company's own servers. That's because a company can set the terms for people to follow while using their servers, but
a company cannot set the terms for what people choose to do with their own property in their own space, such as when running a game offline.
When a person violates a company's terms of a service, the company is only able to take action regarding their own property - which is their server and not the specific instance of the game that the person modded and used on their server. So, the person using modded content on a server that doesn't allow it could be banned from the server, but they couldn't have their game taken away from them - even though in certain cases the game itself might be useless without access to the online server.
And if a publisher bans a person from using their online servers because that person used prohibited content while playing on their servers, the violation wouldn't have been modding the game, but would have been using the online servers owned by the publisher while running content that isn't allowed on those servers.
A company can't tell the person what they may do with that person's own game elsewhere, and person is legally entitled to modify their own property in any way they see fit (which doesn't entitle a person to be able to use 3rd-party servers while doing so).
Ultimately, CDPR can't have a rule regarding what mods people may make and use with CP 2077 played offline because a publisher has no legal authority or jurisdiction concerning such matters. A person is free to modify their owned property, including their games.
Someone playing an online game using mods against a publisher's wishes isn't a case of a modding violation, but is a case of violating the terms of using an online service owned by a 3rd party. Using the likeness of a person without permission isn't a case of a modding violation, but is a case of violating a person's Right of Publicity / Personality Rights.
The PC Gamer article also says:
"CDPR will understandably not want to harm its relationship with Reeves, as his character could return in DLC or other forms."
But that's neither here nor there to the matter of whether CDPR has any authority in this matter. CDPR doesn't magically gain a legal power they never possessed just because they don't want to harm their relationship with Reeves.
So, there are grounds to remove a mod featuring a person's likeness without their permission. But the legitimate grounds are not related to a CDPR rule about modding. And unless Keanu Reeves is soliciting CDPR to act as his agent in the matter of protecting usage of his likeness, CDPR are probably overstepping their authority in claiming to disallow a mod featuring his likeness.
Added note:
Myajha made a lot of baseless and ignorant claims in this thread, all of which were ultimately proved to be false (
select example 1,
select example 2,
select example 3). And at the end,
they unintentionally conceded that this OP is true.
creativecommons.org
