As far as modding goes, I think Il-2 taught us a lot of what we need to know regarding rules. If a party (who is in no way affiliated with the games developers) decide to try and coordinate a modding effort their way, you are in for trouble in the long term. At the end of the day, when you put something on the internet for free, people are going to download it and use it their way. There is no technical way that you can't allow them to do this, and although it's courteous for someone to ask permission before altering someone elses work, this won't always be the case.
So if modding remains relatively uncordinated for CoD for a long time, I think modders have to realise that their work will get downloaded and manipulated by users, and maybe even altered and re-posted by others. It would be nice for the latter people to ask permission, but as I said, this won't always happen.
If everyone is mature about modding (take a look at the SAS forum) then everything can be fine. But the minute someone trys to step in and organise it their way and even throw around ideas of court-cases etc then it gets messy, unfriendly, and largely unenjoyable.
From what I've seen here, everyone seems to be really easy and cool about it which is great, but IIRC that's the way it started off with Il-2, and after about 2 years the modding community got largely ripped in two, so it will be interesting to see what happens here.
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