Hosting the server on Iceland?

[Julle0990]

Hello!

I've contacted several hosting companies located on Island to see if anyone is willing to take up the fight with Blizzard En.

Can someone get me an e-mail or something that I can go on to get in touch with one of the server administrators?

You can reach me @ [email protected]

I can add that one company actually answered that it has been forwarded to their owner.

[Julle0990]

I now have contact with one of the biggest hosting companies in Iceland.

This was their reply.

"We operate according to the Icelandic Laws, any law such as DMCA are not applicable here. Keep in mind that we do not listen to lawyers outside of Iceland. We take down no content unless an Icelandic injunction is filed which is not easy to get like in America for example. If your site is not breaking Icelandic laws or featuring any wrong material such as CP, Lolita etc. then everything should be just fine."

https://sv.wikipedia.org/wiki/Digital_M ... yright_Act

I'm still reading about the WIPO Laws that apply in Iceland but as i understand it we're only subject to this law if we make people pay for this.

So can someone help me get in touch with one of the opperators for this server?

[Winterflaw]

I suspect if the operators, living as they do I think in France, act to bring the server up outside of France, they will be liable to prosecution inside France for violating the C&D.

What has to happen now is that the Nost code and database are published, a reputable third party takes them and hosts in a new jurisdiction, and then the Nost team can possibly rejoin (perhaps anonymously, although in this day and age of massive State surveilliance, there is no such thing as anonymity - they will be identified).

[dida55]

Dmca isnt the same as C&D though.
If the source code is published, that means they could have taken up the server themselves because they are accountable for servers based on their code in the first place... If their identities are known. Publishing the source code means 'we could have continued but dont feel like it anymore'. Doubt they would join a 2.0 project then.

[Thefilth]

Publishing the source code means 'we could have continued but dont feel like it anymore'.

Out of all the tinfoil conspiracy theories you could cling to, why that one? They have been working on this project for many years and were ever-expanding with new improvements and even another expansion. Surely, even if every single developer, game-master and owner got burned out and bored all at the exact same time, they would not have invented a lawsuit, just to shut down their own content.

[dida55]

Well my call is that they had 0 legal council when announcing to publish the source code. Its no conspiracy theory, its more like a fact.

If another project runs on their source code they can be civilly accountable for the damage blizzard takes. In order for blizzard to sue viper/daemon they need their identity. Now lets say they have their identity.. Viper/daemon are done with their life.
Lets assume they dont have it so they have nobody to sue. What would have kept viper/daemon from hosting nostalrius themselves again instead of publishing the code? Just move to a country without this concept of copyrigjt law.. Like russia. And get a host that doesnt even require your personality, they would be safer than ever.

I think you got me wrong. Of course i praise the team as much as you do .


Edit: fact is way over the top ofc.. Rather 'how i.interprete the case'. Tldr: the legal position for viper/daemon is the same, if they wanted to publish the code or launch thenselves again. If they arent in the legal position to launch again then they cant publish either because of theor accountability.

[_Athena_]

Dmca isnt the same as C&D though.
If the source code is published, that means they could have taken up the server themselves because they are accountable for servers based on their code in the first place... If their identities are known. Publishing the source code means 'we could have continued but dont feel like it anymore'. Doubt they would join a 2.0 project then.

There is nothing wrong with the source code of the server. There is also nothing in there that has any IP owned by Blizzard. They're free to do whatever they wish to do with it. Note that it was also the host that received the C&D, not the team themselves.

Please stop making all these foolish assumptions that are just that far from the truth and the scenario at hand, thanks.

[dida55]

There is nothing wrong with the source code of the server. They're free to do whatever they wish to do with it.

That is simply wrong.

Note that it was also the host that received the C&D, not the team themselves.

Exactly what I said.

[Macalese]

There is nothing wrong with the source code of the server. They're free to do whatever they wish to do with it.

That is simply wrong.

I like how you deliberately editted out the primary counter point to your argument. Server-side, there is nothing IP wise that Blizzard can claim is theirs.
The Nost team have taken nothing directly from Blizzard, they have replicated. The coding is built from "scratch" and is theirs to do with as they wish. Imagine an artist replicating the Mona Lisa, you can do what you want with it as it is yours, you just can't go around pretending it is the Mona Lisa.
If you're going to argue that there is IP on server-side that is near enough false, most IP is on client side with art assets, music etc.

[Julle0990]

Well since the C&D order comes from the company lawyers it shouldn't matter?

"Keep in mind that we do not listen to lawyers outside of Iceland."

The question still remains if the WIPO Act. Copyright Act No. 73 of May 29, 1972, as last amended by Act No. 97 of 30 June 2006 still takes effect.

This is THE question that still remains.

EDIT: I can also add that they answered me this : "However usually lawyers etc. will need Icelandic court order that they can suspend your site or server. Usually when some one complain we just ask them file a Icelandic court order, we do not suspend servers, if the site or server is not related phishing or spam related things.

So most likely you should be just fine run your server with us"

I know for a fact that the Icelandic court order for a C&D is a very hard thing to get. Take for instance WikiLeaks. It is how ever a very different case cause WikiLeaks also falls under the Freedom of Speech Act. that the Icelandic government implemented for them. BUT The Icelandic court will probably be a lot more welcoming then the French or anyone in the EU. They actually created this law to protect WikiLeaks from the US.