User agreement for my website

[thizzknight]

So.. I was reading Blizzard's EULA (end user license agreement), and from the looks of it private servers are against their terms of use. I run my own private server, but it has not yet been released to public. I also have a website for my server. So I ask, even though it's against Blizzard's ELUA, is it illegal to run an emulated server of World of Warcraft? I've read that many servers were shut down because Blizzard took action against them. Would it be wise to have an agreement page before entering my website? Saying something like "If you work or have any association with Blizzard you may not enter this website. By pressing ENTER, you agree to the following statement, and can take no legal action against us." Maybe not those exact words, but something along those lines. Also, if you have any good information on this topic please post it.

Blizzard's ELUA statement which I am concerned with.


The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of the Game in violation of the License Limitations will be regarded as an infringement of Blizzard's copyrights in and to the Game. You agree that you will not, under any circumstances:

E. modify or cause to be modified any files that are a part of the Game Client in any way not expressly authorized by Blizzard;

F. host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Blizzard in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;

G. facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by Blizzard; or

H. sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, or rent, lease or license the Game to others.

[stoneharry]

Yes it is illegal.

No your country laws won't protect you.

No you won't get taken down by blizzard, or even cared about, unless you start making huge amounts of money. Blizzard has only ever taken action twice before, once to remove a few top servers making huge amounts of cash and a second time to take down peyton (who was making loads of money and kept renaming the server to get around blizzards lawsuits).

If your interested in a copy of the lawsuit, here it is: http://www.mmoglider.com/Legal/ReevesComplaint.pdf

A user licence to enter your site is not going to protect you if Blizzard actually cared about your server to be honest.

[thizzknight]

Wow, bummer.

Okay, so say I get as big as Eternion-wow, would Blizzard care? Maybe you have some useful tips about this topic?
And once again, thank you for your help!!

[stoneharry]

As I said Blizzard have only acted before because of the sheer amount of money people were making from emulation. Were talking $100,000 each month from WoWscape at one point. This is serious money - and Blizzard did not want this.

I am not the CEO of Blizzard, I don't know who they care about and if they will ever take down more servers, but from the amount of servers that do exist and all the big servers currently running are going fine without any worries, I'd say it's safe to run a private server fine.

If the worst comes to the worst and Blizzard do want to shut you down, they'll just send you an email / mail asking nicely. There not going to take you to court straight away (it's actually really expensive to take people to court).

[mager1794]

you ever wonder what blizzard would say if you started mailing them the left over money from your private server?