Daybreak is Being Acquired

[Grumph]

Plot twist:

Forum and wiki accounts must then be associated with real life in person legal name. Address. Sex. Ethnicity. Religious affi. Income Bracket. Relat stat and number of kids. Pets.

You know. For science!

[firesyde424]

Successful investors, usually, aren't dumb. Having said that, if they don't know the community well, it's entirely possible for them to see the overall popularity of the EQEmu community and mentally translate that into lost revenue. It's not a big leap from that to the new investors going Nintendo on the community, P99 included, thinking that it will translate into higher revenue by forcing everyone to play on "Live."

[imperiouskitten]

Originally Posted by loramin [You must be logged in to view images. Log in or Register.]

what IP specifically are R&N infringing on?

evarquest

how not??

prefab followup: wuold a judge agree with you?

prefab subfollowup: wuould rogaine and niglob pay the lawyers needed to see the case?

I wouldn't doubt that a company doing 300mill acquisitions could outmuscle our humble beards-o-the-neck in the courts if I were you, however strongly you feel about the legal argument in principle. Like it or not this spot is a zit on the vagina of capitalism. God Bless smedley for respecting our lady as she was, but who knows wot the future holds.

[BlackBellamy]

Originally Posted by Lizard1 [You must be logged in to view images. Log in or Register.]

There is no grey area, they had a written agreement not to launch new content that allowed it to stay open. Any new agreement must be re negotiated now.

That's not how things work. Do you think when AT&T bought Warner Brothers that the seventeen million contracts that Warner Brothers negotiated became invalid overnight and everything had to be re-negotiated?

Also literally not one brainiac legal eagle in this thread has access to the complete Daybreak agreement so it's just tongues flapping.

Finally, the whole are they allowed to or copyright questions or what is legal or what is a gray area are great theoretical questions for the classroom. What happens in the real world is the big company just sues anyway, right or wrong doesn't matter, just to bury the other party in legal bills. And the small player folds 96% of the time.

[imperiouskitten]

Originally Posted by BlackBellamy [You must be logged in to view images. Log in or Register.]

That's not how things work. Do you think when AT&T bought Warner Brothers that the seventeen million contracts that Warner Brothers negotiated became invalid overnight and everything had to be re-negotiated?

Also literally not one brainiac legal eagle in this thread has access to the complete Daybreak agreement so it's just tongues flapping.

Finally, the whole are they allowed to or copyright questions or what is legal or what is a gray area are great theoretical questions for the classroom. What happens in the real world is the big company just sues anyway, right or wrong doesn't matter, just to bury the other party in legal bills. And the small player folds 96% of the time.

depends if it was a contract or an "agreement". p99's lack of legal standing would lead me to believe it was a handshook "agreement", but hey, those people are totally incompetent so maybe they signed their lives away to ROgaine. Kinda doubt it since youd need to involve an attorney to generate your legal bonds, and they'd advise against it unless really really incompetent, so I'm thinking "your dumb", ass usual, although i think the overall point about big & little fish is the more important dynamic anyway tho.

[BiG SiP]

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[douglas1999]

I hope this new company understands that this matter is to be decided in *elf* court. They know that right?

[Kelika2]

Originally Posted by firesyde424 [You must be logged in to view images. Log in or Register.]

Successful investors, usually, aren't dumb."

Hey lets buy some 20+ year old video games that are not smartphone compatible in a smartphone world that are horrifically time consuming and expensive to operate.

[Swish]

Originally Posted by Kelika2 [You must be logged in to view images. Log in or Register.]

Hey lets buy some 20+ year old video games that are not smartphone compatible in a smartphone world that are horrifically time consuming and expensive to operate.

The 10-boxing TLP nerd is propping it up.

[loramin]

Originally Posted by imperiouskitten [You must be logged in to view images. Log in or Register.]

evarquest

how not??

"EverQuest" is not intellectual property. Intellectual property is a copyright, a patent, a trademark, etc.

Daybreak owns the trademark to the term "EverQuest", just as The Coca-Cola Company owns the trademark to "Coke". But that doesn't mean that Rogean can't use the word "EverQuest" here ... if it did it would mean Coke could take down any anti-coke website for using their trademark! To violate it Rogean would have to (say) print and sell EverQuest t-shirts.

Daybreak also owns a copyright both on the server code from 1999-2001, and on the Titanium client. As I explained previously, the server code is lost to time: it doesn't matter who owns the copyright on it. The server code used here is 100% hand-written; it may copy "facts" about the '99-01' server, but every line of code is written and owned by R&N.

The only relevant intellectual property involved is Daybreak's ownership of the copyright on the Titanium client. As I noted it would be .... challenging for Daybreak taking anyone to court over it, but hypothetically they could go after us players over it.

They likely never will, for the same reason record companies don't sue MP3 downloaders anymore (even though they clearly violate more relevant/recent IP) ... but even if they did it'd be our necks on the line, not R&N's.

Originally Posted by imperiouskitten [You must be logged in to view images. Log in or Register.]

prefab followup: wuold a judge agree with you?

Again, not a lawyer ... but all it takes is a couple hours of reading wikipedia to understand the basics of intellectual property law. Based on that, my non-lawyer self doesn't see what IP R&N are violating.

Originally Posted by imperiouskitten [You must be logged in to view images. Log in or Register.]

prefab subfollowup: wuould rogaine and niglob pay the lawyers needed to see the case?

This is a relevant point; it doesn't matter who will win in the end if you can't afford to fight the suit, and there's truth to Bellamy's point that:

Originally Posted by BlackBellamy [You must be logged in to view images. Log in or Register.]

What happens in the real world is the big company just sues anyway, right or wrong doesn't matter, just to bury the other party in legal bills. And the small player folds 96% of the time.

But at the same time, obviously rich people can't just sue random people into oblivion [You must be logged in to view images. Log in or Register.] You need a case, ie. you need to show damages, ie. someone has to violate your IP ... and I still don't see anyone violating anything, except us players violating 20-year old Titanium copyrights.