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ID:182967
Dec 4 2007, 8:10 am
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Some people say it is illegal to make private servers and some say it's not I'm not sure wether to attempt it or not and just incase I checked the law here and it legalizes private use of online games so what should I do?
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It's likely not illegal to play if you own a retail copy, but it is very likely a breach of any EULA you might have agreed to when you installed the game. However, those have been proven as not binding contracts, so even a civil case is nearly impossible.
The server software itself may be illegal, and it is surely illegal to play it if you didn't actually buy it(then again, with the "free 15 day trial" things, I'm not sure how the law would fall). Weather or not the servers are illegal would depend on how the server software was made. |
In response to Jermman
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Jermman wrote:
I highly doubt you have the physical server capacity to run one of these puppies. Not really it's free it's exactly like hosting a BYOND game ecxept you need an amazing connection |
In response to Miran94
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Keep in mind the stress put on your system from a BYOND game is nothing compared to the stress put on your system from hosting a (busy) WoW shard.
~Kujila |
In response to Kujila
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Erm. I have my own server. It's not using any illegal software either. The stress is pretty bad on my PC, with around 25 people logged on. Otherwise, it runs pretty great off of a home connection.
But, anywho. It IS NOT illegal to have the private server for you and your friends. It IS however, if you make ANY type of money off of it. That's my bit of insight.. |
In response to Govan
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Govan wrote:
But, anywho. It IS NOT illegal to have the private server for you and your friends. It IS however, if you make ANY type of money off of it. Do you have anything to back up that claim? It sounds like the sort of thing that gets started as 'it's illegal, but no one cares unless you're making money off it' claims then evolved into that as it got passed around. |
In response to Miran94
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And, of course, an amazing piece of hardware to run it off--something that could support many connections at once, which requires some extra hardware.
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In response to Govan
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Govan wrote:
It IS however, if you make ANY type of money off of it. Most of the private servers make money from it, they offer donation gear or levels in-game for money. Any trustworthy statements on the matter? |
In response to Dice1989
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(I just don't care: I download gigs of music and movies. So if the largest MMORPG in history is going to lose 10 to 5000 players to rinky-dink servers run by people, I honestly don't care)
Just my two cents anywho ~Kujila |
In response to Kujila
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Neither do I, I have an external hard drive full of downloaded movies. I know for a fact that it is illegal, and just wonder if it is illegal to make money from private servers.
I believe that if Blizzard cared, they would do something about it. |
In response to Govan
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Uh most of the original World of Warcraft server emulators that run private fan servers are based off of a copyright version of the game that was leaked some someone from Blizzard was fired. None of you have the right to be using that leaked software, it is illegal. Blizzard has shut down tons of these private servers. Some of them were sued for making money. It doesn't matter if the money is "for the hosting costs", Blizzard doesn't care.
There are one or two World of Warcraft server emulators that are made from scratch and would not be considered illegal. Too bad those servers are even more buggy then the ones ripping off original code. |
In response to Revenant Jesus
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Still the law is not against me here so Blizzard can't sue me so what kind of hardware would I need to host for 1000 people at the same time? Also I asked Blizzard and they said making private servers are legal but making them public is not in USA, and all of Europe. And I'm in neither so I guess its safe to make one.
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In response to Miran94
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Just spend like $3000 USD and create the ultimate home-server ever
~Kujila |
In response to Miran94
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I don't buy it, Blizzard would never tell you it would be OK to make a private server.
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From the Terms of Use Agreement:
http://www.worldofwarcraft.com/legal/termsofuse.html " 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. " Well there you go. Straight from the source. |
In response to Drumersl
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I was waiting for somebody to look at those terms. Much like the "check yes or no to being over # age" that many people just check yes regardless, people probably just scroll down past that whole 2 pages of terms of services in installation processes. They're there for a reason. Blizzard has some fairly strict rules regarding these things.
If you actually READ the terms of services there would be no need for the topic itself. I can't blame you though if you skipped it, I mean there's a LOT to read in those terms of services, and it IS much easier to just scroll down, check the box and continue on. And if you forgot it, you could always refer to the WoW website and look for the terms of services that you agreed to follow when you installed the game. |
In response to Evil-Inuyasha
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I suspect it's because EULAs tend to be written in legalese, and yes, are long and unwieldy to the point of ridiculousness.
I don't think anyone reads them until it actually becomes relevant. Seriously, the Windows Vista EULA is what, hundreds of pages long? (Incidentally, the EULA saying no doesn't actually mean it's illegal - if making those sorts of restrictions is illegal in the country in question, then it just doesn't apply. See, for example, EULAs that forbid making 'backup copies' of a product - in some countries, say, Australia, such restrictions are illegal, and wouldn't apply. At least, I'm pretty sure. But I don't think that's the case here) |
In response to Jp
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Also, the EULAs have been proven as not binding contracts, mainly because you "agreed" to them after the purchase, and especially in software, you can't return the item if you disagree with the terms. You own the product, no matter how much they want you to think otherwise. You owned the product before you read the EULA. Unless they are willing to give a full refund for anyone who refuses the EULA, I doubt they can argue it is a legal, binding contract. Also, clicking "I agree" is not the same as signing your name, considering they can't even prove you really clicked it.
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In response to Dice1989
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Dice1989 wrote:
Neither do I, I have an external hard drive full of downloaded movies. I know for a fact that it is illegal, and just wonder if it is illegal to make money from private servers. Agreed and I doubt that any sort of Private Server could cause a profit threat to Blizzard. |
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A server that can hold even only 100 people will cost you upwards of 2-3 grand.