Posted July 21, 2009

But I was really trying to say that if the choice is between a licensed game NOT existing (being pulled or whatever) and an unlicensed one that does exist... it's an easy decision.
Mmmm... maybe not so easy. Like you were saying earlier, there are financial concerns. If the developers have to go in themselves and mod the art resources in order to change things around, that takes up man hours and such that they'd likely prefer to use on their newer projects. They might just believe they can't generate enough revenue selling their older titles to justify the cost of revamping their older stuff.
As for just, say, releasing the source code and letting fans make the changes themselves, I think that would open them up to a whole big stewpot of legal ramifications. I imagine that if I were one of the car companies and I gave a software developer a license to use my cars in one of their games, I'd put something in the legalese to make sure that said developer kept tight control of all files regarding those images that related to my "property." Meaning that they couldn't just willfully release those to anyone to do with as they pleased. It's one thing for fans to try and hack the code of the finished game to do something like this, it'd be another for the developers of the game to condone it, and to give them tools to do it with.