Informaion on Why Private Servers are NOT Illegal

[Viter]

I really dont care if its legal ore illegal.
Blizzard cant catch the private server developers. (ore the servers)

[Gothian]

Part of blizz rules:

Limitations on Your Use of the Service.

 
Only Blizzard or its licensees have the right to host the Game. You may not  host or provide matchmaking services for the Game, or intercept, emulate or  redirect the proprietary communication protocols used by Blizzard in connection  with the Program, regardless of the method used to do so. Such prohibited  methods may include, but are not limited to, protocol emulation, reverse  engineering, modifying the Program, adding unauthorized components to the  Program, or using a packet sniffer while the Program is running.
You agree that you will not (i) modify or cause to be modified any files  that are a part of the Program or the Service; (ii) create or use cheats, bots,  "mods", and/or hacks, or any other third-party software designed to modify the  World of Warcraft experience; or (iii) use any third-party software that  intercepts, "mines", or otherwise collects information from or through the  Program or the Service. Notwithstanding the foregoing, you may update the  Program with authorized patches and updates distributed by Blizzard, and  Blizzard may, at its sole and absolute discretion, allow the use of certain  third party user interfaces.
You may not disrupt or assist in the disruption of (i) any computer used to  support the Service (each a "Server"); or (ii) any other player's Game  experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE  LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL  LAWS. You agree that you will not violate any applicable law or regulation in  connection with your use of the Program or the Service.
Blizzard reserves the exclusive right to create derivative works based on  the Program. You may not create derivative works based on the Program without  Blizzard’s prior written consent.

from: WoW -> Legal -> Terms of Use
red part is most important...public private servers are against the rules, but they are not doing much about it... developing is legal cuz it is build from scratch.... that is what i heard from hell lot of devs

grtz

grtz

After reading this, Im even more clear that private servers are not against their Terms of Service. IF you knew legal jargon, you would know that: Private Servers are NOT emulating the CLIENT nor intercepting the connection to their servers. What that describes is simply making it so that people connect to YOU, and then redirect to THEM. That doesnt mean connecting to a private server, correct me if Im wrong.

The 2nd section is essentially saying, you cant try to tamper with THEIR servers, or attempt to screw over the experience of other players. Meaning, crashing servers, or giving people malware to make them unable to play WoW, or otherwise. That has nothing to do with running a private server.

The 3rd section, states that you cant copy their intellectual property, or make something derrived upon their game, (like a 3rd-party made game with a WoW Theme)

None of that expressly states that emulation of the server is illegal, or there would already be HUNDREDS of private servers shut down, and server emulator project sites shut down by blizzard.

I support the Original Poster of this thread.

[Greatdrak]

If I'm not mistaken I believe that many high population servers post a terms of agreement that specifically state: You are not a member, or an associate of Blizzard Entertainment

Or something along those lines....I'm not quite sure if this actually does count as a LEGAL terms of agreement, then again it's an agreement nonetheless...

also, I believe extracting maps directly from your WoW folder is along the lines of using copyrighted property of Blizzard...

Honestly I believe the most blizzard can, and will do, is ask you politely to shut down your server, in which case you post up a terms of agreement on your site :P

[latruwski]

If I'm not mistaken I believe that many high population servers post a terms of agreement that specifically state: You are not a member, or an associate of Blizzard Entertainment

Or something along those lines....I'm not quite sure if this actually does count as a LEGAL terms of agreement, then again it's an agreement nonetheless...

also, I believe extracting maps directly from your WoW folder is along the lines of using copyrighted property of Blizzard...

Honestly I believe the most blizzard can, and will do, is ask you politely to shut down your server, in which case you post up a terms of agreement on your site :P

that is true btw i am making another reply with more proof

grtz

[latruwski]

After reading this, Im even more clear that private servers are not against their Terms of Service. IF you knew legal jargon, you would know that: Private Servers are NOT emulating the CLIENT.

The 2nd section is essentially saying, you cant try to tamper with THEIR servers, or attempt to screw over the experience of other players. Meaning, crashing servers, or giving people malware to make them unable to play WoW, or otherwise. That has nothing to do with Emulating a Private server.

The 3rd section, states that you cant copy their intellectual property, or make something derrived upon their game, (like a 3rd-party made game with a WoW Theme)

None of that expressly states that emulation of the server is illegal, or there would already be HUNDREDS of private servers shut down, and server emulator project sites shut down by blizzard.

I support the Original Poster of this thread.

nope...

Limitations on Your Use of the Service. 
Only Blizzard or its licensees have the right to host the Game. You may not  host or provide matchmaking services for the Game, or intercept, emulate or  redirect the proprietary communication protocols used by Blizzard in connection  with the Program, regardless of the method used to do so. Such prohibited  methods may include, but are not limited to, protocol emulation, reverse  engineering, modifying the Program, adding unauthorized components to the  Program, or using a packet sniffer while the Program is running.
You agree that you will not (i) modify or cause to be modified any files  that are a part of the Program or the Service; (ii) create or use cheats, bots,  "mods", and/or hacks, or any other third-party software designed to modify the  World of Warcraft experience; or (iii) use any third-party software that  intercepts, "mines", or otherwise collects information from or through the  Program or the Service. Notwithstanding the foregoing, you may update the  Program with authorized patches and updates distributed by Blizzard, and  Blizzard may, at its sole and absolute discretion, allow the use of certain  third party user interfaces.
You may not disrupt or assist in the disruption of (i) any computer used to  support the Service (each a "Server"); or (ii) any other player's Game  experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE  LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL  LAWS. You agree that you will not violate any applicable law or regulation in  connection with your use of the Program or the Service.
Blizzard reserves the exclusive right to create derivative works based on  the Program. You may not create derivative works based on the Program without  Blizzard’s prior written consent.

green part is were private servers ARE illegal, that is what a private server is:
"hosting matchmaking services" + "hosting the game"

i also received this on the wow forums from a mod:

Private servers are against the blizzard TOS since they are reverse engineered.

Q u o t e:
Limitations on Your Use of the Service.

1. Only Blizzard or its licensees have the right to host the Game. You may not host or provide matchmaking services for the Game, or intercept, emulate or redirect the proprietary communication protocols used by Blizzard in connection with the Program, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, reverse engineering, modifying the Program, adding unauthorized components to the Program, or using a packet sniffer while the Program is running.

more proof? :

(iv) facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, the Service. All connections to the Game and/or the Service, whether created by the Game Client or by other tools and utilities, may only be made through methods and means expressly approved by Blizzard. Under no circumstances may you connect, or create tools that allow you or others to connect, to the Game's proprietary interface other than those expressly provided by Blizzard for public use.

that is exacly what private servers do => illegal !
source: WoW -> Legal -> End User License Agreement

its simple... developing the emulator (ascent for example) is legal cuz they build it from scratch... they did not steal any codes from blizzard or something...
BUT hosting a public emulated server = ILLEGAL

if you still don't believe me contact blizz lol ^^

grtz

[Greatdrak]

The honest to god question comes down to: Who really cares? If blizzard hasn't had the means to sue any of us yet...or even shut us down for that matter...why should we grovel upon the subject?

Be thankful for what we have...and praise blizzard, for without them, our entertainment would be non-existent, work together to make awesome servers people!

Peace, and may the force be with you...

[Tom_2001]

Im 13 pwnt ^^

[Succy]

It is illegal...
Think like this...
Who created the "Play" button, Who created the Patch you are using ?
Who designed the creatures you are fighting? Who created all Models?
BLIZZARD!
And they have copyrighted all buttons, creatures, models and the whole Game System... even if you can create custom items, you are still using thier id's.
Example of things not allowed in World of Warcraft:
Hacking
Power Leveling
Gold Buying
Scamming(Only in the US)
Hosting a private server!

And one more thing... We could just look back in MMOwnes history when we used WoW Graphics, we got troubles with Blizzard!

And... Blizzard can't just like "hack" your server like everyone is thinking.
They need to make investigations, contact with alot of people. Check internationall laws. And... They need to check your countries laws.
If you for example host your server in Dubai, There is nearly no laws... But... If you host it in USA, They have right to do alot of things.
World of Warcraft is copyrighted by Blizzard, It's not allowed to host a private server...

But who cares?

[latruwski]

It is illegal...
Think like this...
Who created the "Play" button, Who created the Patch you are using ?
Who designed the creatures you are fighting? Who created all Models?
BLIZZARD!
And they have copyrighted all buttons, creatures, models and the whole Game System... even if you can create custom items, you are still using thier id's.
Example of things not allowed in World of Warcraft:
Hacking
Power Leveling
Gold Buying
Scamming(Only in the US)
Hosting a private server!

And one more thing... We could just look back in MMOwnes history when we used WoW Graphics, we got troubles with Blizzard!

And... Blizzard can't just like "hack" your server like everyone is thinking.
They need to make investigations, contact with alot of people. Check internationall laws. And... They need to check your countries laws.
If you for example host your server in Dubai, There is nearly no laws... But... If you host it in USA, They have right to do alot of things.
World of Warcraft is copyrighted by Blizzard, It's not allowed to host a private server...

But who cares?

all the info is supercorrect so this topicname can be changed/closed i think... cuz your last statement is good as wel : who cares?
as long as blizz comes with new patches and expansions, the longer we can develop

grtz

[arigity]

not illegal. thats simply a terms of service agreement and has no legal standing in court. it simply states that if you want to play the game you won't do any of the following. breaking the rules means they have the right to ban you which is why everyone always blocks off their account name / character name.

as for the whole copyright vs country laws im pretty sure copyrights are the same everywhere which is why the © is upheld in every country. international > national
so why then dont blizzard sue people? because they GAVE you the game they gave it to you knowing you would use it and therefor lose any right to sue people over using their property UNLESS said person charged another for the game (donations dont count unless they could prove that the money was going to personal gain)

(it is against the agreement to sell their property but not to use it which is why you can't sell accounts)

please feel free to point holes in my argument

[latruwski]

not illegal. thats simply a terms of service agreement and has no legal standing in court. it simply states that if you want to play the game you won't do any of the following. breaking the rules means they have the right to ban you which is why everyone always blocks off their account name / character name.

as for the whole copyright vs country laws im pretty sure copyrights are the same everywhere which is why the © is upheld in every country. international > national
so why then dont blizzard sue people? because they GAVE you the game they gave it to you knowing you would use it and therefor lose any right to sue people over using their property UNLESS said person charged another for the game (donations dont count unless they could prove that the money was going to personal gain)

(it is against the agreement to sell their property but not to use it which is why you can't sell accounts)

please feel free to point holes in my argument

they are protected by DMCA, so they can sue people...why they dont do it?
"lets start to sue the 1 billion private servers in the world"
know what i mean?
there is also the "license agreement" wich is supported by law... also user agreement is supported by law (that is why private servers have user agreements sometimes, so blizz cant close it)
Some country laws are different... but DMCA is worldwide... ^^
anyway... i have done hell lot of research about this in the past;.. i know it by now ^^ (people were asking and making wrong statements about it back then too ^^)

grtz


so much info on the license and user agreement:

 All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by Blizzard. The Game is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.

[arigity]

as i said earlier regardless of the way the game is used so long as it was handed over willingly by blizzard and not stolen or altered in an illegal way (such as changing things to look as if you made it) then you are not violating any copyright.

[latruwski]

as i said earlier regardless of the way the game is used so long as it was handed over willingly by blizzard and not stolen or altered in an illegal way (such as changing things to look as if you made it) then you are not violating any copyright.

But if you play on public private servers you are violating the EULA agreement...
btw: by modifying your realmlist.wtf you are violating user agreement too (mod on wowforums told lol)

grtz

[arigity]

the EULA may look all complex but its basically you agreeing to not do stuff.(you know what stuff!) in exchange for proper service (playing retail)

the EULA states that if you want to play the game (that is retail) then do not do those things listed above. if you break any part of the agreement you forfeit any right to proper service by blizzard. (AKA banhammer)

edit: by playing on private servers you automatically relinquish your right to proper service by blizzard and they can now ban you. thats it.

[latruwski]

the EULA may look all complex but its basically you agreeing to not do stuff.(you know what stuff!) in exchange for proper service (playing retail)

the EULA states that if you want to play the game (that is retail) then do not do those things listed above. if you break any part of the agreement you forfeit any right to proper service by blizzard. (AKA banhammer)

edit: by playing on private servers you automatically relinquish your right to proper service by blizzard and they can now ban you. thats it.

nope not really... time to OR read the 2 full webpages of blizz OR send a support mail and ask about it ^^ i did it long time ago...

grtz