Twitch banned for streaming nostalrius

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Re: Twitch banned for streaming nostalrius

by schaka » Sat Apr 04, 2015 8:43 am

The models and everything is in the client however. Which, 10 years ago, you could've purchased legally. That, under European law, entitles you to play the game as you feel free. Because TOC that are only visible after the purchase of a product do NOT apply under EU law.

On top of that, EU law is very specific about reverse engineering. Therefore if the server tells the client to display a certain model it already has, something that the user has legally obtained and is free to use, they cannot sue for copyright infringement.

However, you are right about the copyrighted ideas. That's plagiatism to an extent and they COULD sue for that.
Don't take any of that at face value. I'm no expert and have no law degree, I just have done a fair amount of reading over the years.
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Re: Twitch banned for streaming nostalrius

by Garfunkel » Sat Apr 04, 2015 8:46 am

In EU Blizzard would have to prove the loss of profits though, which is probably why they haven't attacked private servers over here.

That, under European law, entitles you to play the game as you feel free.

But only for non-commercial, non-profit functions and with Nost accepting donations, though on a limited basis, might disqualify them.

But yeah, a difficult issue for any judge.
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Re: Twitch banned for streaming nostalrius

by schaka » Sat Apr 04, 2015 9:41 am

I meant from a player's perspective. If you bought the game, the TOS that only appear after starting the game (the ones telling you, you can't play on other servers) wouldn't apply. Therefore players should be free to do as they please, given they are not American (not sure about their laws).
Whereas yes, they can sue Nostalrius for copyright infringement based on stealing an idea. But then they'd have to proof, beyond reasonable doubt, that the ideas are stolen and the whole thing cannot be "brushed off" as reverse engineering.

Just think about how many apps are out there that will wake you up based on your sleeping pattern your phone's motion sensors record. If the first of them tried to sue the others, I doubt they could, even given that they had the original idea patented.
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Re: Twitch banned for streaming nostalrius

by Arise » Sat Apr 04, 2015 11:39 am

Even though I don't like Blizzard not setting up a vanilla server and them hunting down such private servers, they have every right to.

It's called intellectual property. Blizzard came up with the idea of WoW and created it. That makes it their property, at least for decades. They can do with it as they please, and nobody else can.
Also I kind of understand them not opening vanilla realms. If they do that, people will also want to them to open BC, WotLK, etc. realms. Before you know it they will have to sustain like 7 different games instead of just the one. And probably the vast majority will play the newest version anyway. Sure 6k is a lot of players for a private server, but compared to the millions on retail it's nothing.

Oh well, at least we have Nostalrius to play on. Should be safe with the server in Europe. But keep an eye on the upcoming TTIP, transatlantic trade deal. That could mess things up with laws between EU and USA being evened out...
Last edited by Arise on Sat Apr 04, 2015 11:47 am, edited 1 time in total.
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Re: Twitch banned for streaming nostalrius

by Garfunkel » Sat Apr 04, 2015 11:40 am

EULA / TOS are not legally binding in EU, that's for sure and yes, an individual player is free to do with their purchased game client whatever they want. Commercial use of the art assets is still under very strict copyright, however, so if Blizzard wanted, they could sue any private server easily enough.
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Re: Twitch banned for streaming nostalrius

by Tekko » Sat Apr 04, 2015 1:02 pm

Poor people who can't afford retail WoW or a PC that can run it try and say private servers are legal, haha.

There is a reason you are poor.
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Re: Twitch banned for streaming nostalrius

by CIrax » Sat Apr 04, 2015 3:12 pm

Tekko wrote:Poor people who can't afford retail WoW or a PC that can run it try and say private servers are legal, haha.

There is a reason you are poor.


Yes, because people that can afford wow as well as a decent pc all love and enjoy every aspect of retail wow.

No, just no. Take your idiotic spewing elsewhere. I have a good job and a pc I built last year and would rather play a private server from vanilla to wrath instead of the crap they call draenor.
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Re: Twitch banned for streaming nostalrius

by apollan » Sat Apr 04, 2015 3:20 pm

Tekko wrote:Poor people who can't afford retail WoW or a PC that can run it try and say private servers are legal, haha.

There is a reason you are poor.


Don't mock other people's financial situations. It's not like you make your own money
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Re: Twitch banned for streaming nostalrius

by potcorn » Sat Apr 04, 2015 5:38 pm

Tekko wrote:Poor people who can't afford retail WoW or a PC that can run it try and say private servers are legal, haha.

There is a reason you are poor.
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Re: Twitch banned for streaming nostalrius

by Krom » Sat Apr 04, 2015 6:48 pm

Actually in the end of my 3rd year law studies, surprised to have to go this far to see something relevant.

Thank you, <Arise> ! Give that man a cookie.

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