Denver, CO asked in Intellectual Property for Colorado

Q: Is it legal to sell a USB drive with pre-loaded mod menus on it. Modding menus for gaming consoles

It IS illegal to modify a game. But all I am doing is selling a usb, and they follow the steps to download their mod menus. Like selling fireworks is legal, but lighting them is not. ..?

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: There are two issues here. One, how did you gain access to the original code? Every program that I've ever seen requires that you accept a click license before installing, so you have accepted the terms of the publisher's license which likely prevents accessing the code (which is their intellectual property). Two, even if you somehow got the source code without agreeing to a license, selling a USB with a mod with instructions is inducement which is still a copyright/patent infringement. If the publisher finds out what you are doing you will likely be sued.

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