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If they actually are using their code then that modder should get a cut of the profit, forever.
That’s not how it works, unfortunately. Some EULAs even require that mods are legally under the game company’s control.
EULAs are not magically legally binding.
They also don’t magically make lawyers free. No lawyer is going to bother with an EULA squabble pro bono.
EULA squabble pro bono.
Good thing something is on the line like royalties for all sales both past and future.