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  #1  
Old 08-15-2010, 11:20 AM
Tiggles Tiggles is offline
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Default Blizzard sues emu wow server and wins 88million dollars

http://games.slashdot.org/story/10/0...M?from=twitter

Looks like the guy charged people to play there and made 3 million in the process. Serves him right then.
  #2  
Old 08-15-2010, 12:13 PM
vincin vincin is offline
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omg. will this happen to project 99? or is it because he he charged them? Please dont happen to p99,...its better than the current eq
  #3  
Old 08-15-2010, 12:19 PM
jyaku jyaku is offline
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yea it's because he charged, if you use something thats copywritten without making money on it your fine, but the minute you start making money from it you have to pay to use it
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Old 08-15-2010, 12:34 PM
Itchybottom Itchybottom is offline
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Quote:
Originally Posted by jyaku [You must be logged in to view images. Log in or Register.]
yea it's because he charged, if you use something thats copywritten without making money on it your fine, but the minute you start making money from it you have to pay to use it
I keep seeing this, but it's quite false. I'm not a lawyer, but I've read a few cases where the plaintiff has been successful at shutting down a resource, or suing the person for copyright violation.

Intellectual property such as EverQuest and World of Warcraft emulated servers fall under derivative work clauses in copyright law. You can borrow quite a few things (ideas) from something like EverQuest or WoW lore, but there isn't really a clean cut and dry definition of law on fictional characters, lore, worlds, and names that have clear copyrights in such an environment. This grey area is a real bear to tackle and will get you screwed if anything ever gets as far as a court date. When it comes to infringing on a copyright, the plaintiff just needs to prove that the work in question has been based upon the original copyrighted work. The rulings of note usually stipulate "Translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form which a work may be recast, transformed or adapted." Clearly, Project 1999 falls into this category.

Like the actual lawyer that posted on this forum though, I'm not worried.
  #5  
Old 08-15-2010, 12:37 PM
Reiker Reiker is offline
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SoE shut down Winter's Roar (came back as Shards of Dalaya) for about a year. That was a long time ago and hasn't happened since.
  #6  
Old 08-15-2010, 02:01 PM
corradojeff corradojeff is offline
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Quote:
Originally Posted by Itchybottom [You must be logged in to view images. Log in or Register.]
I keep seeing this, but it's quite false. I'm not a lawyer, but I've read a few cases where the plaintiff has been successful at shutting down a resource, or suing the person for copyright violation.

Intellectual property such as EverQuest and World of Warcraft emulated servers fall under derivative work clauses in copyright law. You can borrow quite a few things (ideas) from something like EverQuest or WoW lore, but there isn't really a clean cut and dry definition of law on fictional characters, lore, worlds, and names that have clear copyrights in such an environment. This grey area is a real bear to tackle and will get you screwed if anything ever gets as far as a court date. When it comes to infringing on a copyright, the plaintiff just needs to prove that the work in question has been based upon the original copyrighted work. The rulings of note usually stipulate "Translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form which a work may be recast, transformed or adapted." Clearly, Project 1999 falls into this category.

Like the actual lawyer that posted on this forum though, I'm not worried.
Rogean has already replied to a post similar to one with these same points:

Quote:
Originally Posted by Rogean [You must be logged in to view images. Log in or Register.]
Yes it is legal, because A) We do not distribute copyrighted files, B) We do not charge people to play, therefor we are not making any sort of money or profit off of the intellectual property of SOE, and C) SOE Grants, in their user agreement, a license to utilize Everquest names and art, to all accounts in good standing:



Some say that it is not legal due to the following clause in the user agreement:



However, statements like these in a user agreement do not constitute legality, they merely serve as a guideline that if broken can terminate your usage of their services.
Last edited by corradojeff; 08-15-2010 at 02:17 PM..
  #7  
Old 08-15-2010, 02:19 PM
Itchybottom Itchybottom is offline
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Quote:
Originally Posted by corradojeff [You must be logged in to view images. Log in or Register.]
Rogean has already replied to a post similar to one with these same points:
I'm not talking about EULA violation, I'm talking about regular copyright law.
  #8  
Old 08-15-2010, 02:25 PM
Aum Aum is offline
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Theres a quote somewhere of Rogean(I believe) saying he spoke to Smed at the fanfaire, that SoE knows about p99, and that it's not at risk of being shut down.

edit:


Quote:
Originally Posted by Rogean [You must be logged in to view images. Log in or Register.]
I was in vegas for 7 days overlapping fanfaire and poked in there a few times. Through some connections I got to meet smedley face to face. Hes not interested in trying to do anything to us, as long as we don't charge / profit.

Notice I said trying.. because even if they did decide to, we really don't do anything illegal to begin with (Intellectual Property is only illegal to profit from).
Last edited by Aum; 08-15-2010 at 02:28 PM..
  #9  
Old 08-15-2010, 12:24 PM
guineapig guineapig is offline
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Also p99 isn't distributing the source material. We have to obtain a copy of Titanium ourselves.
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  #10  
Old 08-15-2010, 12:33 PM
Tiggles Tiggles is offline
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Yeah blizzard has even admitted it wont go after the pirate starcraft servers because they don't charge for anything. They only go after people trying to get rich off others work.
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