I think this may seriously harm modding by preventing it from even happening on new games, which does scare me as a modder.

I did think about games too and I was about to use it as an example, but as software, I think games are actually much harder to legally copy and distribute, because so much of a game is its art assets. Sure you can copy the software no problem, but you can't really copy the artistic expression of the game. You can't copy Hades and keep the great illustrations and animations. You couldn't keep the music or voice acting. All of that would be copyright infringement.

So games are actually somewhat legally protected still, I'd say, basically because they contain much more art and creativity than most other programs.