by Redcap » Sun May 01, 2016 8:07 pm
Untrue. Let me explain this yet again.
Back when Sony Entertainment was running a game called Everquest, they had the first real lawsuit against a private server in a US court. Sony Entertainment lost. The laws enforced with the ruling have NOT been altered ever since that time. It goes like this.
The court's opinion was that a purchased copy of computer programs or media becomes the property of the person buying it. Then can take it home, dissect it, change it, do whatever they want with it within the confines of their home, and they are NOT legally forced to use that program on any specific brand of hardware. Furthermore, they could legally make a single digital or physical copy of their purchase for their own use as a provision for ensuring the longevity of their purchase.
It was related to earlier cases involving both music and recorded video media in that no company could dictate the hardware the content must legally be used on, as that was opening the door to a form of sales monopoly. Now, here's the good part involving that ruling.
In the United States, if 10 people all bought a copy of World of Warcraft and took them home, and some of those buyers made a home brew, scratch built piece of software to emulate a game server for the 10 people to connect to, and they start playing their own game, this is entirely legal to do and the company who made the product in the first place can't do a damned thing. Even if the company making the product forces a user to sign a EULA involving the product, that EULA is NOT legally binding IF it violates consumer laws, which much of hte EULA indeed does. And even IF the sales of the product is done as a Lease agreement of the user and the software, and that it is implied that the software remains the property of the company, that again is not legally binding and the person making the legal purchase does not need to conform to that agreement.
If you buy a copy of Microsoft Office and crack the software protection and then use that software in your own home for non profit use, Microsoft has no recourse. It's the same with Blizzard and their products.
So. What happens if a group makes an emulated scratch built server piece of software, and has a bunch of people connect to it using their legally purchased client software, and form a private server? Absolutely nothing. It's legal, period. But the following guidelines must be followed.
1) All players on the server must possess their own legally purchased version of the game client software. The administration of the server does NOT need to confirm this on their own. Legally, they just have each player click on an " I Agree " button that they claim they own it.
2) The server host cannot make a profit from running the server project. Any money changing hands between both the players and the staff must be done as gifts, with 'no goods or services implied or recieved'. Money changing hands in the open, even as a gift, invites the game maker to make a legal financial investigation on all parties of the game project.
3) The server host cannot host a means of communication that facilitates a player to obtain the client software by any means other than legal purchase. So if the server host has a forum board, torrent links or download links are always removed the moment they are posted, and players are constantly reminded not to post such information at all.
4) The server and players must constantly be vigilant against players seeking to make a profit from the game through the sales of virtual content (gold coins, items) or through play services (power leveling, etc). Evidence of such 3rd party sales can invite an investigation and a legal closure of the project.
If the above steps are followed, a private server can be hosted on United States soil with no recourse from the game company.
So what about that scratch built server program core that the hobby people made so players could connect and play? It's theirs legally. Not a drop of retail code is in it. Blizzard can not ask for it legally. They can not touch it. If it is GIVEN to them, that's a different situation, as it's a crowd sourced piece of software available to all of the public.
So. When Nostalrius staff members said they were going to release the core, that was actually what they were SUPPOSED to do involving the agreement of using the Mangos core as a base in the first place. Blizzard had no grounds to suggest or demand anything, and this server staff made the decisions that they made all on their own involving the core and not releasing it.
Last edited by
Redcap on Sun May 01, 2016 8:14 pm, edited 1 time in total.