Informaion on Why Private Servers are NOT Illegal

[arigity]

.. how am i supposed to come up with a counter argument to that? if you can provide me with just 1 instance where blizzard or a blizzard employee explicitly stated that private servers are ILLEGAL (no not saying they go against TOS or EULA) then i ... would probably have to challenge that statement

[latruwski]

.. how am i supposed to come up with a counter argument to that? if you can provide me with just 1 instance where blizzard or a blizzard employee explicitly stated that private servers are ILLEGAL (no not saying they go against TOS or EULA) then i ... would probably have to challenge that statement

EULA (not all of it) is supported by law and DMCA both make it able to sue people

anyway its clear that public private servers are illegal in most country...


grtz

[777devil777]

*cough*

This part says you are bound to the EULA.

BY INSTALLING, COPYING, OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE GAME.

This is for all the Emu Server hosts.

(iii) host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Blizzard in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks; or

right here, a bit on acualy connecting to Emu servers.

(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.

And the binding part.

I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that by clicking "Accept" or installing the Game Client I am acknowledging my agreement to be bound by the terms and conditions of this License Agreement.

Anyone who has installed the game can be broght to court. AND for Latruwski...

this License Agreement shall be is governed by, and will be construed under, the Laws of the United States of America and the law of the State of Delaware, without regard to choice of law principles.

So it doesn't really matter where you are, unless you are in a far off country that doesn't even suppot diplomatic rule. Even China is in on this one.

[arigity]

im sorry but you are wrong as i have said several times they simply cannot sue you for using a game they provided.

by violating the EULA the worst that can happen is a banhammer. if what you said is true then using any type of hack/model edit/bot can cause serious legal action to be taken which as we all know is just false.

i repeat so long as blizzard willingly handed over the game they cannot sue no lawyer in their right mind would think for a second that they could win any case where you could sue over something you willingly handed over knowing full well its use. (playing the game).

[Nightstelth]

They dont care caus, even when ppl are playing on emulated server they still play on retail and almost 60% of those that played on an emulated server went back to retail. And if blizz keeps up creating Expancion pack with new features and specialy the features they planed on for the Wrath of the lich king it will take almost 70% of the ppl back and it will take along time for emulators to emulate those features. Even tougth, around 40% - 50% of those that plays on an emulated server havent played on retail. So all in all wow is acualy making more money out of this

[arigity]

the EULA btw basically says in a nutshell that in order to play the game (retail) you must agree to adhere to the following (followed by rules) they are trading your money for the right to their services (basically to have an account) and by violating the rules they uphold the right to ban you. thats all.

if there was no EULA they couldn't ban you

[SARGEisgreat]

Pfft. I dont think anyone should care about whether private servers are legal or not untill Blizz starts caring. As long as you dont go around telling people you have a private server on retail (because they apparently monitor chat for those words) you should be fine.

I just use my server to turn myself into a giant boat-like thing and yell at my friends "BRING ME PETER PAN!"

[Le Froid]

the EULA btw basically says in a nutshell that in order to play the game (retail) you must agree to adhere to the following (followed by rules) they are trading your money for the right to their services (basically to have an account) and by violating the rules they uphold the right to ban you. thats all.

if there was no EULA they couldn't ban you

You don't understand that they own the copyright to the CLIENT. By downloading the game you are bound to legal contracts no matter what.
YOU never made the .mpqs
YOU never made wow.exe or anything like that

THEY did and THEY have contracted it legally so you CAN get sued but they just don't care :P

Since they don't care there is no reason to argue over it.

[arigity]

they gave you permission to use the client once they gave you the download thereby nullifying the right to sue you for having/using it. (honestly you can't sue someone for having something you willingly gave to them)

either way its pretty clear that neither of us is going to admit the others right so how bout we agree that its possibly illegal and leave it at that?

[Le Froid]

First time you download it it pops up the EULA and TOS douring instilation if you don't agree you get a refund.

/agree post under me :P

[Nightstelth]

they gave you permission to use the client once they gave you the download thereby nullifying the right to sue you for having/using it. (honestly you can't sue someone for having something you willingly gave to them)

either way its pretty clear that neither of us is going to admit the others right so how bout we agree that its possibly illegal and leave it at that?

or agree to disagree :P

[arigity]

the EULA/TOS have no effect on the actual copyrights if you dont agree you aren't supposed to play retail (but even then its not illegal to do so)

[waakkit2]

Ya uhmm Mafiaboy...hate to break it to you but Wowscape has been sued atleast 3 times

[mafiaboy]

You don't understand that they own the copyright to the CLIENT. By downloading the game you are bound to legal contracts no matter what.
YOU never made the .mpqs
YOU never made wow.exe or anything like that

THEY did and THEY have contracted it legally so you CAN get sued but they just don't care :P

Since they don't care there is no reason to argue over it.

we dont reconstruct the mpq files, we dont touch the wow.exe, these are not what is being emulated.

[arigity]

if wowscape has been sued 3 times and their still running that only further increases his point