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#1 Jul 05 2011 at 12:06 AM Rating: Sub-Default
While Kaolian's attempt below to edit my message is amusing, it is far from accurate, you can ban me if you want, it does not change the fact that I am not breaking any laws.

Your absolutely right, private servers 'you charge others to access' is a felony copyright violation. But as I said before, I am NOT CHARGING ANYONE.

I would expect the moderator of a forum to be more careful and actually read a post before choosing to blatantly be rude and censor it and edit it in an offensive way.


"Moderators edit below"
Priovate servers are a big no no. Private servers you charge others to access is a felony copyright violation. Do not ever repost this anywhere, but definitly do not repost this here.

Edited, Jul 4th 2011 11:20pm by Kaolian

Edited, Jul 10th 2011 3:26am by XanatosNemos

Edited, Jul 10th 2011 3:26am by XanatosNemos

Edited, Jul 10th 2011 11:12am by Darqflame Lock Thread: Private server discussion
#2 Jul 05 2011 at 12:10 AM Rating: Excellent
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Advertising a private server is a big no-no.
#3 Jul 05 2011 at 12:21 AM Rating: Excellent
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Yeah, don't ever post that here again. Hosting and advertising a private server made using stolen intellectual property is a bad idea. Charging people to access said content is just about the quickest way to get sued by a major gaming company that I know of.

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#4 Jul 05 2011 at 3:17 PM Rating: Good
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Wasn't there a big story about a woman who did just what the OP mentioned and got hit with something like a six million dollar lawsuit and a massive amount of jail time?

Edit: Turns out I fell short of the actual amount by a couple million. To be more precise, roughly 80 million short.

Edited, Jul 5th 2011 5:34pm by Criminy
#5 Jul 05 2011 at 3:23 PM Rating: Decent
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I know it is probably not possible, but I wish we could leave that post up and then watch the show as Blizzard brings a hammer down.
#6 Jul 05 2011 at 4:53 PM Rating: Good
Moonkissed wrote:
I know it is probably not possible, but I wish we could leave that post up and then watch the show as Blizzard brings a hammer down.


Yeah, you're right about it not being possible. Leaving the post up means that we support it - if indirectly. Which means that the hammer hits us, too (us being ZAM). All you have to do is look at that link Criminy posted to see that ActiBlizz has a very, very big hammer.

Supporting private servers would ruin ZAM, and it would take down almost the entire WoW community with it. ZAM, WoWHead, etc. Curse would be up, but that's not too much. WoWPedia, MMO-C, and Curse is what comes to mind off the top of my head.

Now, obviously this wouldn't happen because of one link, and would probably only happen if ZAM came out and said flat out "HERP WE SUPPORT PIRVATE SERVAS, HURS SUM LEENKS" but it's still fun to speculate. Smiley: nod

Edited, Jul 5th 2011 6:53pm by IDrownFish
#7 Jul 05 2011 at 11:38 PM Rating: Excellent
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Over the last 11 years I've been here, we've always been universally consistant in our message. Private servers hurt game sales and thus the games we know and love, and we will not tolerate them here. Sure, theres a strong legal element to it as well, but we honestly feel that private servers are one of the quickest ways you can destroy a thriving community.

As long as we have admins here, we won't have private server threads.
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#8 Jul 06 2011 at 10:58 AM Rating: Good
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The admins could report the server to Blizzard and hope some swift justice comes down upon them.
#9REDACTED, Posted: Jul 08 2011 at 5:43 PM, Rating: Sub-Default, (Expand Post) Its actually not illegal to run a private server, it is protected both under private property and reverse engineering laws, It IS however illegal to profit from such a server, and there was a public case of a woman recently being sued for this and being out big time (though she didnt even show up to court, to try the case, either)
#10 Jul 08 2011 at 5:49 PM Rating: Decent
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just to be clear here: you appear to be in the dark regarding the law surrounding this concept.
yes, it is illegal to run a private server. you entered into a binding contract with Blizzard the minute you opened the packaging of World of Warcraft and clicked that you agreed to their terms and conditions.

you are not the owner of the software you installed on your computer. it is not your "private property". it is actually still Blizzard's property.
#11 Jul 08 2011 at 6:27 PM Rating: Excellent
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You might want to pull out the reading glasses there Xanatos and read up on that wall-o-text that is the EULA and Terms of Use. Also hop off that horse you are trying to ride, it's dead and is making you smell like crap. Not to mention the lack of oxygen has clearly affected your ability to come to rational decisions.
#12 Jul 08 2011 at 9:05 PM Rating: Excellent
XanatosNemos wrote:
Its actually not illegal to run a private server


I stopped reading your post right there.

What's really funny is that you don't seem to realize how hypocritical your argument is. Regardless of what you may think about the legality of private servers, you're not going to any supporters here, so you may want to quit while you're behind and wait until you're on the bridge before you burn it. You're about as confused on this subject as I am with idioms.
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#13 Jul 08 2011 at 9:59 PM Rating: Good
Look, do whatever you want but don't pretend you don't know you can get stomped for doing it, don't expect anyone with the slightest glimmer of an official capacity (and most people without official capacity) to let you pretend it's ok to do , and when you DO get stomped don't come crying to us.
#14 Jul 09 2011 at 9:09 AM Rating: Good
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http://answers.yahoo.com/question/index?qid=20080527135844AAgLEQl

I'm on a mobile so I can't be ***** making that an actually link. But to the OP read the quotes from the TOU. You'll find the answer everyone has been telling you.
#15 Jul 09 2011 at 12:51 PM Rating: Default
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The terms of use do not constitute a legally binding document. Neither do most game EULAs. Running a private server is certainly scummy, but not necessarily illegal.
#16 Jul 09 2011 at 1:02 PM Rating: Good
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Majivo wrote:
The terms of use do not constitute a legally binding document. Neither do most game EULAs. Running a private server is certainly scummy, but not necessarily illegal.

The lady that was talked about earlier in the thread has some major beef, then.

EULAs constitute a contract, and if you violate the contract, you violate a legally-binding document. You're probably not going to see any prosecution if you run a free private server, but you can bet your *** you will if you charge people to play on one.

That doesn't mean that Blizzard couldn't prosecute you for running or playing on a private server, though. The EULA is pretty specific about that.
#17 Jul 09 2011 at 1:22 PM Rating: Default
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Any document which you agree to constitutes a contract. The provisions in most game EULAs are unchecked, however. Given that our legal system operates under the idea that something is legal until proven that it's not, the contracts are assumed valid; but common legal consensus is that a number of provisions would not stand up to a serious challenge.

You're right that charging for access to one is illegal; I meant to mention that in my post and forgot. Running one with free access, however, is a legal gray area, so long as you require that anyone connecting to it has purchased a valid version of the software (that is, WoW) from Blizzard.
#18 Jul 09 2011 at 1:24 PM Rating: Excellent
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There's a difference between something being a criminal offense (illegal), and something Blizzard can file a civil action over. WoW is their intellectual property, the EULA is a LICENSING agreement, meaning you don't own the software, you can't use it however you want.

No one here cares about your private server.
#19 Jul 09 2011 at 1:45 PM Rating: Good
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Quote:
The terms of use do not constitute a legally binding document. Neither do most game EULAs. Running a private server is certainly scummy, but not necessarily illegal and might bring Blizzard's legal department down on you.

FIFY.

Yeah, Blizzard might not notice you running a free private server if you're small. If you get big enough to attract their attention though, I'd assume they'll haul you into court on a civil action at the very least. You are, after all, running a server you have no right to be running, and likely hurting Blizzard's bottom line by doing so.
#20 Jul 10 2011 at 12:35 AM Rating: Excellent
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Majivo wrote:
You're right that charging for access to one is illegal; I meant to mention that in my post and forgot. Running one with free access, however, is a legal gray area, so long as you require that anyone connecting to it has purchased a valid version of the software (that is, WoW) from Blizzard.

It's really not a grey area; the EULA is pretty specific about how the software is to be used (i.e. connecting to Blizzard's servers, etc).
#21REDACTED, Posted: Jul 10 2011 at 1:29 AM, Rating: Sub-Default, (Expand Post) EULA is not legally binding law, the law is the law, and the EULA is null and void where it disagrees with the law.
#22 Jul 10 2011 at 4:20 AM Rating: Good
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Wikipedia wrote:
A software license agreement is a contract between the "licensor" and purchaser of the right to use software. The license may define ways under which the copy can be used, in addition to the automatic rights of the buyer including the first sale doctrine


Just go google "Is a EULA legally binding" and all the results will tell you yes. So basically you are a moron and you are wrong.

And by the way where in the edit was Kaolian "blatantly rude and offensive? I personally thought he handled it very proffesionally and even gave you a very good peice of advice. I can tell you a lot of other people would have used "stronger" language.
Edited, Jul 10th 2011 6:20am by CaptinXeith

Edited, Jul 10th 2011 6:34am by CaptinXeith

Edited, Jul 10th 2011 6:34am by CaptinXeith
#23 Jul 10 2011 at 5:07 AM Rating: Excellent
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To be fair, I remember one of the European posters saying something to the effect that local laws give purchasers of software more rights in how they can use it. IIRC, the law there doesn't allow for licensing software; you buy it, it's yours to do with as you wish. I don't think it's ever been tested in court, though, and Blizzard has way more to spend on attorneys than you do.
#24 Jul 10 2011 at 6:30 AM Rating: Good
Yeah, when you click yes after downloading WoW, and agree to the ToS, you are entering into a binding contract stating that you will follow those rules. If you break that contract there are consequences. Contracts are legally binding documents. Breaking one might not be against the law, but that doesn't mean there won't be consequences.
#25 Jul 10 2011 at 8:08 AM Rating: Good
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Ban his ***. He said he wouldn't mind it.

Good riddance, in my opinion.

Edited, Jul 10th 2011 4:09pm by Mazra
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#26 Jul 10 2011 at 10:11 AM Rating: Excellent
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Whether or not you are charging is irrelevant. We do not condone the usage of private servers and thus the closure of this thread.

Thank you for visiting and please come again!
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