Daybreak is Being Acquired

[Topgunben]

From my perspective, I cant see them caring because p99 is such a small population. The fact that this isn't a paid subscription probably keeps 90% of the people playing here.

It would be like buying public beachfront property and then trying to charge $15 for admission when it used to be free. No one will go.

[BiG SiP]

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

I purchased titanium when I started.

uh, um yeah, me too!!!~

[Baler]

Who is Enad Global 7? Where did they come from and who is funding these actions...

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Here is the video for the Piranha Games Acquisition
https://www.youtube.com/watch?v=uJ4D2zUC-48

I use to play MechWarrior Online until Piranha Games did nothing with it and ran it into the ground with micro-transactions and lootboxes.

[cd288]

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

They are operating in violation of the relevant IP law ... as P99 did for nearly ten years.

However, it's a very gray area. P99 (and other emulators) don't copy any of the server code: in other words Rogean and Nilbog aren't infringing on Daybreak's rights, because they wrote 100% of the server code themselves.

It's possible that Daybreak retains a copyright on the API (outline) of that code: there's currently a Supreme Court case deciding whether APIs can even be copyrighted. But even if the Supremes decide they are (and god I hope they don't), I imagine it'd still be a hard case to litigate.

The real IP violation is in the client: technically it's all of us players who are violating Daybreak's IP (when we download Titanium) ... and the same is true of players on every other emulated server. Pre-agreement everyone just relied on the fact that no company wants to waste lawyer money tracking down individual players (just look at the RIAA and Napster ...).

The agreement simply made everyone feel safer, because it promised that Daybreak wouldn't do the thing they (probably) weren't going to do anyway: go all RIAA on every emulated EQ player.

It’s pretty tough to make a strong legal case that you didn’t misappropriate by building essentially the exact same game but using your own code to do it. Really not a strong case.

That being said, I think P99 will be fine. Probably have a solid promissory estoppel argument at this point

[Nuggie]

Treat each day like it's a gift, mates.

[adichi]

i thought before the daybreak agreement project1999 was operating in a grey area which allowed them to stay open? how would that be any different after the acquisition if they decided to renege on the agreement?

[douglas1999]

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

i thought before the daybreak agreement project1999 was operating in a grey area which allowed them to stay open? how would that be any different after the acquisition if they decided to renege on the agreement?

If by "grey area" you mean they simply hadn't been shut down yet, sure. The agreement wasn't some kind of legally binding document, it was just an acknowledgement by the people who own the IP (daybreak) that they are not going to cease and desist this project- given certain conditions, like not releasing new servers (like green) around the same time daybreak were releasing new TLP servers or new expansions. Legally speaking, it was pretty generous on daybreak's part. They didn't have to grant any of this, which is why a change of ownership of the IP could throw the entire agreement into the shithole.

[Tethler]

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

i thought before the daybreak agreement project1999 was operating in a grey area which allowed them to stay open? how would that be any different after the acquisition if they decided to renege on the agreement?

That's true. P99 has become a bit more high profile in recent years though. More people know about it now. It will be harder to fly under the radar.

[Coridan]

Daybreak management and personnel aren't changing (at least not yet but I doubt it will) this is just another investment group adding something to their portfolio for a couple years. Just an actual gaming focused investment group. Either way they aren't involving themselves in the nitty details.

[Miauler]

I doubt they'll do anything to P99, but you never know. Just look at what Nintendo has done to Smash Bros mods over the past few months. They're sending out C&D letters left and right, banning tournaments and streaming... and that kind of thing doesn't affect the revenue of a company the size of Nintendo, they're just needlessly aggressive about their IP. Hopefully P99 flies under the radar or the new investment company just doesn't care enough to go after us.