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Blizzard Shuts Down Popular Fan-run 'Pirate' Server For Classic WoW (arstechnica.com)

An anonymous reader writes: Blizzard is threatening legal action against the popular "pirate" servers for World of Warcraft. The Nostalrius servers have been operating for nearly a year, running version 1.12 of the original World of Warcraft as it existed in 2006. Admins say that 800K registered accounts and 150K active players were working through quest progressions reproduced to precisely match the game of a decade ago. Nostalrius' team says its French hosting provider has been issued a formal letter asking it to shut down the servers or face a potential copyright infringement lawsuit as hosting private servers is explicitly against Blizzard's Terms of Use. Blizzard says the rule "isn't an issue because of 'lost' subscription fees from players choosing these illegitimate servers over the real WoW servers -- it simply boils down to the fact that private servers are illegal, and that's that." Nostalrius' servers will be shut down on April 10, but the team says it "will still be publicly providing everything needed in order to setup your own 'Nostalrius' if you are willing to."

141 of 266 comments (clear)

  1. Re:Expected different by Anonymous Coward · · Score: 5, Informative

    It isn't doing that. It's just emulating what a Blizzard server would do, and an official Blizzard client interprets the results. There's no Blizzard copyrighted material on the server, and the clients that do all this are distributed by Blizzard themselves. This is more DMCA crap, and I guess they figured out how to expand their reach to France. Mirroring a service is still legal in most of the world, after all.

  2. Re:Expected different by Anonymous Coward · · Score: 1

    Hmm, interesting. IANAL but if you're a host and a customer of yours is running something that violates a EULA or TOS for someone else's software I don't see that as a legal issue for the hosting provider. Normally, Blizzard or whoever would have to get a court or mediator to order the violator to shut things down. If they don't then they can tell the host to. Right? What am I missing?

  3. Illegal??? What law did they break, exactly? by mark-t · · Score: 2

    [nt]

  4. Re:Expected different by mark-t · · Score: 1

    Where did you see that they were hosting any copyrighted content?

  5. Re:bah by Anonymous Coward · · Score: 1

    fuggin ip is there anything it is good for?

    PING! :) ...or traceroute

  6. Re:Illegal??? What law did they break, exactly? by firesyde424 · · Score: 5, Insightful

    The 1st commandment of Capitalism: Thou shalt not piss off people with vastly more money than thyself...

  7. Re:Great one. by itamihn · · Score: 1

    I was confused when I have read "more ham for your own company"

  8. Re:Expected different by Hylandr · · Score: 2

    Blizzard TOS violations would mean you are not allowed to use Blizzard's services. It has no control over what other people connect their clients to.

    I see an interesting legal challenge coming from this.

    --
    ~ People that think they are better than anyone else for any reason are the cause of all the strife in the world.
  9. Re:Illegal??? What law did they break, exactly? by mark-t · · Score: 2

    Copyright infringement generally involves, you know.... copying. They didn't copy, they reverse engineered. Clean room reverse engineering is both common and entirely legal.

  10. Re:Expected different by Lead+Butthead · · Score: 2, Informative

    This is more DMCA crap, and I guess they figured out how to expand their reach to France.

    For the Americans, remember it was the Clintons that signed DMCA into law.

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
  11. Re:Illegal??? What law did they break, exactly? by Lisandro · · Score: 1

    The only law they broke is to reduce the subscribers base for Blizzard online services. That's just cold, man.

  12. Re:Illegal??? What law did they break, exactly? by aurasdoom · · Score: 1

    They probably host some map/quest/textures/models on their servers that they don't own copyright of

  13. And will the car manufacturers start pulling the s by Joe_Dragon · · Score: 1, Offtopic

    And will the car manufacturers start pulling the same BS to lock out 3rd part repair shops?

  14. Headline looked like a weather event. by Ungrounded+Lightning · · Score: 1, Funny

    On first read (as a non-player of the game) the headline looked like a severe weather event had caused the server to go down (leading to the thought that this might help the game's owners find it if the routes to it were somehow hidden, as with Tor).

    Did anybody else have this effect?

    It's yet another example of poorly-worded articles that assume the casual reader has deep background knowledge of the subject. I consider this to be an annoying property of Slashdot. It's not fatal.

    But it would be nice if posters recognized that not everybody on /. is as deeply immersed in the subject as they are - and that the not-so-clued-in faction includes many who might be interested and perhaps have something to contribute.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:Headline looked like a weather event. by redmid17 · · Score: 1

      Not one single bit, mostly because anyone who knows what WoW is knows who makes it.

      If you didn't know that, I wouldn't blame you. If you did, well then you're just an idiot (or masquerading as one). Seriously why else would "Blizzard, Fan-run, server, and WoW" be in same headline?

  15. Re:Expected different by Anonymous Coward · · Score: 5, Informative

    For the people like yourself, the person who wrote the bill was a Republican Howard Coble and it had unanimous support from all Senate Republicans

  16. Ohhhh, that Blizzard by wonkey_monkey · · Score: 2, Funny

    Blizzard Shuts Down Popular Fan-run 'Pirate' Server For Classic WoW

    I honestly thought it had been done in by freak weather conditions.

    --
    systemd is Roko's Basilisk.
  17. Because WHY? by JustAnotherOldGuy · · Score: 4, Insightful

    Players: "Why?"

    Blizzard: "Because FUCK YOU that's why"

    --
    Just cruising through this digital world at 33 1/3 rpm...
    1. Re:Because WHY? by mlw4428 · · Score: 1

      Why shouldn't they? They created the product, spent the money investing into it, and brought it online. They marketed it and supported it and it got popular and they've continued support for it for over a decade. Do you believe you're not entitled to control how your work is used and by whom?

    2. Re:Because WHY? by mOzone · · Score: 1

      you know everquest said retro emulated servers are okies not all companys are punks

    3. Re:Because WHY? by Kinwolf · · Score: 1

      And they got money over years for all of that. So why block this community effort? It takes nothing away from the current version.

    4. Re:Because WHY? by The-Ixian · · Score: 1

      /em spits coffee all over his keyboard

      Pretty much... It has long been known that Blizzard hates their customers...

      --
      My eyes reflect the stars and a smile lights up my face.
    5. Re:Because WHY? by The-Ixian · · Score: 1

      That's like suggesting web browser developers should be angered that people use their product to connect to unsanctioned servers...

      Blizzard *sold* them the game client... they got their money for that development. User's are then using this client to connect to their own servers.... Why is this a problem?

      --
      My eyes reflect the stars and a smile lights up my face.
    6. Re:Because WHY? by mlw4428 · · Score: 1

      Actually Blizzard sold them a license to be able to use a game client within compliance of the Terms of Use. If the license stipulates that the client cannot be used to connect to a different server than there's not much anyone can say. I'm not saying I agree with the outcome, but merely that you people start understanding what you're purchasing and use your money to support developers who'll actually sell you what it is you think you're buying.

  18. Re:Expected different by fustakrakich · · Score: 1

    Since the law isn't going to change any time soon, we just have to make them mobile, so they can't be shutdown. SCUD servers, more dangerous than an Iraqi missile.

    --
    “He’s not deformed, he’s just drunk!”
  19. Nost != pirate by MalleusEBHC · · Score: 5, Informative

    Calling Nostalrius a pirate server is not accurate. Nostalrius is a reverse engineered server that works with the official Blizzard WoW 1.12 client. I've played on Nost for the past year, and the overwhelming majority of players I've played with paid for retail vanilla WoW subscriptions back in the day. Sure, I can't find my original discs and had to download a copy of the 1.12 client, but I still contend that I have both a legal and moral license to still use that client.

    If Blizzard were to offer a vanilla subscription, I would gladly sign up. (Well, maybe before they C&D'd Nost.) However, since they don't offer such a subscription, running a private server should be allowed as an exemption to the DMCA. The EFF previously petitioned the Library of Congress to add an exemption to the DMCA to allow users to reverse engineer server-side controls once games have been abandoned. The Library of Congress granted the exemption for simple matters like server-side authentication methods, but it was limited to allowing local, single-player gaming to continue. It does not apply for MMORPGs that require server-side interaction. However, this ignores the possibility of using a paid-for client with a reverse-engineered server, something I feel should be legal.

    1. Re:Nost != pirate by Anonymous Coward · · Score: 1

      WoW however has not been abandoned, and the client software is NOT the game. The client software is just the visual and control interface into the server, which contains all the logic of the game.

      I'm not sure about the legality of white-rooming a reverse engineer of intellectual property, but Blizzard definitely owns the intellectual property rights of WoW, and they own your client as well. Check their ToS, it specfically says that you do not own the client software, and are paying for a license of it, to be used against their servers and ONLY their servers. So by running it against Nostalrius servers, you are violating the ToS.

      So sorry, what you are doing is not legal, and Blizzard has every right to sue.

      Should they do it because they are losing subscription revenue? Probably not, I really doubt that's the case.

      Should they instead open up the ability to play through the various 'final' versions of each expansion? I'd love that, I think it would be awesome to slowly grind through AQ40 etc as of old. Especially if you had the ability to move your character to the next expansion when you are bored with the one your in.

      I joined late Burning Crusade, and stopped post-cataclysm launch (leveled to 80 but stopped before the 5-man grind). So yes, I'd love to experience vanilla WoW before Burning Crusade but I'd prefer to do it on a legit server with support.

    2. Re:Nost != pirate by sims+2 · · Score: 1

      The sims online was one of the first ones to shut down their server. I still have the original install discs but without a server i have no way to make use of them.

      --
      Minimum threshold fixed. Thanks!
    3. Re:Nost != pirate by Anonymous Coward · · Score: 1

      Check their ToS, it specfically says that you do not own the client software, and are paying for a license of it, to be used against their servers and ONLY their servers. So by running it against Nostalrius servers, you are violating the ToS.

      So sorry, what you are doing is not legal, and Blizzard has every right to sue.

      Actually no, they only have the right to sue people *using their client* that agreed to the ToS.

      What they are doing instead is trying to sue hosting providers running the server, under the assumption those same people are using their client.

      I've never played WoW and never ran their client, nor agreed to their ToS. They are claiming I am violating said ToS I didn't agree to if I chose to hose a Nostalrius server I did not utilize or play on myself, but only provided the hosting and bandwidth for it to do its thing.

      That is a false claim, so to say I am pirating anything is libel (well, unless that video that won't load for me is their PR person saying it verbal, in which case it's slander, but my point still remains)

      Lastly even though the parent you replied to specifically said it should be legal to use the client in such a way when it isn't, I'd like to at least point out as a separate issue that there is a difference between acting within the law and being an asshole.

      Sure they are very well likely acting within the law if they sue users of their client, but indifferent to that fact they are still assholes for doing so.
      Not only do they not lose anything or are harmed in any way by these people, and even go so far as to admit that fact, they desire to be assholes (assholes acting within their legal rights) with such a decision.

      Sorry for that last rant bit, I know you weren't addressing that point what so ever and I don't mean it to come off as an argument against anything you said, I just feel it was important to mention.

      PS, speaking of bandwidth, is slashdot seriously not capable of even 2kb/hour?!
      It's been 58 minutes since you last successfully posted a comment

    4. Re:Nost != pirate by MalleusEBHC · · Score: 1

      I'm not sure about the legality of white-rooming a reverse engineer of intellectual property, but Blizzard definitely owns the intellectual property rights of WoW, and they own your client as well. Check their ToS, it specfically says that you do not own the client software, and are paying for a license of it, to be used against their servers and ONLY their servers. So by running it against Nostalrius servers, you are violating the ToS.

      I haven't read through the original ToS, and I agree it's totally possible that the ToS states that the client is only to be used with official Blizz servers. However, I feel that's something consumers should be shielded from by consumer protection laws. When I originally bought WoW, I paid money for the game itself and additionally paid for a monthly subscription to the server. I feel that makes it very clear that I owned a copy of the client. To say that the ToS changes those clear expectations is unfair, especially when I was only presented with the ToS *after* paying for the game.

      Consumer protection laws exist because there's an imbalance of power between an individual consumer making a purchase and a well-financed corporation writing a ToS and enforcing it through expensive litigation. If Blizzard were to allow me to keep paying for a subscription to the game I purchased, they would have an argument, but they abandoned the client that I explicitly paid for.

    5. Re:Nost != pirate by Marc_Hawke · · Score: 5, Insightful

      Even if the Terms of Service say that you can only use the client with Blizzard servers, they have no grounds for shutting down the Nost server. You don't have to sign any EULA to put up a server that speaks TCP and answers questions.

      --
      --Welcome to the Realm of the Hawke--
    6. Re:Nost != pirate by cfalcon · · Score: 1

      > WoW is not abandoned though.

      Every version of WoW except the latest one is abandoned. Certainly vanilla, BC, LK, Cata, and MoP are abandoned. The current version is nothing like any of those.

    7. Re:Nost != pirate by Opportunist · · Score: 1

      Even if it had been "abandoned", there have been other cases of "abandoned" MMOs where people reverse engineered the server software and got a C&D letter before they even opened shop. Tabula Rasa was one such case, someone only as much as announced that he has an early alpha of a possible server and the same day a C&D exploded right in front of his nose.

      This is not about revenue.

      This is about control. We dictate what you can do with our software, even if it became obsolete to you, even if you can't use it anymore.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    8. Re:Nost != pirate by nyet · · Score: 1

      The company is not providing a server, nor the bandwidth, nor the maintenance of the server, nor customer support for the clients.

    9. Re:Nost != pirate by SuricouRaven · · Score: 1

      It's not just about control, it's about keeping options open. That abandoned MMO might seem worthless right now, but what if the company wants to relaunch it in future, or if another company offers to purchase the copyright so they can launch their own, or if there might one day be a studio willing to make a movie based on it?

    10. Re:Nost != pirate by houghi · · Score: 1

      I know that France helped fighting for the creation of the USofA and thus indirectly in the creqtion of the DMCA and the Library of Congress. I somehow do not think that means these are valid in France.where the hosting provider is.

      --
      Don't fight for your country, if your country does not fight for you.
    11. Re:Nost != pirate by Opportunist · · Score: 1

      The way that game was shut down, and considering the fallout around it, there is no chance in hell that is ever going to be resurrected. NCsoft has every interest to never ever let this surface again.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    12. Re:Nost != pirate by The-Ixian · · Score: 1

      I still have the T-Shirt from the early release package I bought.... I still wear it ironically

      --
      My eyes reflect the stars and a smile lights up my face.
    13. Re:Nost != pirate by SuiteSisterMary · · Score: 1

      Nor are they getting recompensed for the use of their intellectual properties and creative works, let alone the use of their client software and technical work.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  20. Re:Great one. by Lisandro · · Score: 1

    The point is exactly that those 800k were not playing on Blizzard servers.

    That's all there is to it, really. They don't care about private servers for outdated games; they care about not having those users playing (and paying) on their network.

  21. Re:Illegal??? What law did they break, exactly? by tnk1 · · Score: 1

    Which really wouldn't make too much sense. Most of the subscribers of WoW have been there for years. They already played vanilla in many cases. There may be new people who just wanted to experience WoW as it used to be, but if they have the client, they bought the game or got the client somewhere. And they will probably want to move on to new content when they are done with vanilla. There's only so many Molten Core runs you can make, after all.

    I'd think this would attract (a) people who did have a subscription in the past but wanted to play vanilla again, (b) people who never played WoW and wanted in for free or (c) someone who is just friends with (a) or (b) and wouldn't be playing WoW by themselves.

    In the case of (a), Blizzard already has their money, they really haven't lost anything except perhaps a few more bucks stringing along a junkie who longs for the days of the Barrens chat and the Scarlet Monastery.

    For (b), these are people who might actually sign up for a WoW subscription as soon as they play Vanilla and are done with it and want more content. Now, I haven't played in years, but is my assumption Outland and Northrend are probably a ghost town right now. Nevertheless, I can't believe these reverse engineered servers would actually have such a high pop that it would be much different in terms of play. And they would eventually hit Level 95,000,000 or whatever the level cap is now.

    And for (c), they were never getting their money without their friend anyway so what's the deal?

    It seems odd for them to consider this an actual threat to their subscriber base. It may well be that they are telling the truth and they're doing this simply because it is theirs and they are just that big of a set of dicks.

  22. Re:the real reason... by tnk1 · · Score: 1

    I'm pretty sure that Blizz knows that the party has to end soon, I doubt this is any particular strategy to keep subscribers.

    And I do truly believe that they are just that big of a bunch of assholes that they'd do this to simply make a point.

    Of course, the private servers may well cause a problem for their relaunch of "Classic World of Warcraft: New Game+" or some other strategy that I am not familiar with.

  23. Re:Illegal??? What law did they break, exactly? by viperidaenz · · Score: 1

    The servers don't run Blizzard software, they built their own.

  24. This has nothing to do with piracy by Lisandro · · Score: 3, Insightful

    Blizzard does not care about private servers for an old game. They care about the 800k users which are not paying to play on their network.

    1. Re:This has nothing to do with piracy by wierd_w · · Score: 1

      Not entirely true. Blizzard very much hates PvPGN, which emulates battle.net for a number of their very old titles.

      Blizzard is like any other spoiled modern corporation. They feel they are entitled to change the terms of the agreements they make, darth vader style, and dont feel even the tiniest bit bad about it. But, should end users try any such thing, or try to weaken their supreme overlord position, even on properties that simply cannot be monetized any longer, and they react like you just fucked their mother with an actual jackhammer and put her in the hospital.

    2. Re:This has nothing to do with piracy by Lisandro · · Score: 1

      History proves that statement false; this isn't the first time they used an army of lawyers to crush private servers. Starcraft multiplayer wasn't even subscription based but they still nuked bnetd.

      And users of bnetd were not using Battle.net. Same deal. Don't forget, Starcraft is still huge, specially on Asia where pro gaming Starcraft events are televised.

    3. Re:This has nothing to do with piracy by techno-vampire · · Score: 1

      Blizzard does not care about private servers for an old game.

      Very true, but they're being short sighted here. If there are 800k users who still want to play the old version, Blizzard should bring back some servers to host the old-style game and rack in the subscription fees. In fact, if I owned stock in the company, I'd be at the next stockholder's meeting asking some pointed questions about why they're throwing this revenue stream away instead of taking advantage of it.

      --
      Good, inexpensive web hosting
    4. Re:This has nothing to do with piracy by Lisandro · · Score: 1

      But of course they do. Battle.net is still up and running and owned by Blizzard.

    5. Re:This has nothing to do with piracy by Lisandro · · Score: 1

      Possibly, but at the same time Blizzard has a strong investment in their new AAA titles. I assume they dont expect all 800k users to switch to their new games, but they do expect a good fraction of them to do so. MMORPG players are as close as you'll get to a meth addict in the online world.

    6. Re:This has nothing to do with piracy by techno-vampire · · Score: 1

      I can't claim to understand the way compulsive MMORPG players think, but I'd have expected all of them who would want to switch to the newest titles to have done so by now. Clearly there are at least 800k players out there who don't want to switch.

      --
      Good, inexpensive web hosting
    7. Re:This has nothing to do with piracy by Lisandro · · Score: 1

      Is not that simple. You're comparing an open gaming network vs a paid one.

    8. Re:This has nothing to do with piracy by Lisandro · · Score: 1

      Of course that's the official reply line, but it its hard to believe. I haven't read the WoW EULA, but i'm pretty sure running a private server is no illegal either.

    9. Re:This has nothing to do with piracy by techno-vampire · · Score: 1

      I don't think so. My thought is that there's probably a large number of people who still want to play the old version of WoW and would be willing to pay a monthly subscription to do so. It might be worth Blizzard's while to find out if there are enough people out there that want to play the older game instead of the latest and greatest to make putting some servers back up for them profitable.

      --
      Good, inexpensive web hosting
    10. Re:This has nothing to do with piracy by vux984 · · Score: 3, Informative

      In fact, if I owned stock in the company, I'd be at the next stockholder's meeting asking some pointed questions about why they're throwing this revenue stream away instead of taking advantage of it.

      I'll save you a trip...

      "Thank you for your question.

      While there is an untapped revenue stream there; there are several associated costs to your proposal; and we are confident we can tap it without these costs.

      Maintaining a few larger groups of players is simply more cost effective than maintaining support and systems for more but smaller communities. Before we would open a new property we would need to show that it was substantially different enough that it would attract players not already on our existing properties.

      A classic WoW ruleset doesn't meet that criteria. Those players can be served by the existing WoW servers, and we are confident that if we shut down these criminal enterprises that many of the players will return to the existing official servers, requiring virtually no outlay of new resources."

    11. Re:This has nothing to do with piracy by Mantrid42 · · Score: 1

      They wouldn't be paying anyway. If they really wanted to play without paying for a subscription, they would be on a private server running an up to date version of the game.

    12. Re:This has nothing to do with piracy by gweihir · · Score: 1

      Well, now they have 800k people that will not play on their network and are angry at them (and will spread that). How is that better? Apparently, the fatal combination of greed and stupidity (and lawyers as a booster to make it worse) has taken root at Blizzard as well.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    13. Re:This has nothing to do with piracy by Lisandro · · Score: 1

      Well, i'm not arguing this was a smart move :D

    14. Re:This has nothing to do with piracy by BronsCon · · Score: 1
      Hell, not even history, Blizard's own statement proves it false:

      Blizzard says the rule "isn't an issue because of 'lost' subscription fees from players choosing these illegitimate servers over the real WoW servers"

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    15. Re:This has nothing to do with piracy by gweihir · · Score: 1

      Smart move on your part ;-)

      I do agree on your take on their motivation.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    16. Re:This has nothing to do with piracy by wvmarle · · Score: 1

      Maybe instead they should consider firing up those old servers again. There's an obvious and large market for the outdated versions of their game. Should be easy profit for them, as they don't even have to reverse engineer the server software itself.

    17. Re:This has nothing to do with piracy by BronsCon · · Score: 1

      Y'know, them saying it's not about money just screws them out of damages if they sue... Not something a big company with a huge legal team would lie about in the run-up to a potential damages suit.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    18. Re:This has nothing to do with piracy by Rexdude · · Score: 1

      Could be those 800k users choose to stick with a decade out of date version of the game by choice. It's not as though they're going to say 'gee, what I was doing was wrong, I should totally ditch my toons that I spent months building up and just buy a new subscription for the new game as run by Blizzard even if I don't like it'.
      Same fallacy as thinking that every pirated song equals a lost sale.

      --
      "..One hosts to look them up, one DNS to find them, and in the darkness BIND them."
    19. Re:This has nothing to do with piracy by Lisandro · · Score: 1

      I'm not saying i agree. I'm saying this is their reasoning - they do see every user of a private server as a potential lost sale.

    20. Re:This has nothing to do with piracy by Rexdude · · Score: 1

      I know, I was referring to their way of thinking.

      --
      "..One hosts to look them up, one DNS to find them, and in the darkness BIND them."
  25. Re:Illegal??? What law did they break, exactly? by Lisandro · · Score: 1

    It its the same logic used by Hollywood to attack piracy, really. It doesn't matter if those users would never have a Blizzard account; in their eyes, there's a chance they would.

  26. Re:Great one. by viperidaenz · · Score: 1

    WoW is an addiction.
    If the players have nowhere else to go, they'll pay for a subscription.

  27. Breach of Terms of Service != illegal by thegarbz · · Score: 1

    So which laws are they breaking?

    1. Re:Breach of Terms of Service != illegal by sexconker · · Score: 2

      What contract?
      Between what parties?
      And how is breaking a contract illegal?

    2. Re:Breach of Terms of Service != illegal by UnknownSoldier · · Score: 2

      > What contract?

      Correct, the server operators have no contract with Blizzard.

      > Between what parties?

      Correct. The only contract is between the clients and Blizzard. *That* TOS prohibits Clients from Accessing non-Blizzard servers.

      > And how is breaking a contract illegal?

      ALL Law is based on Contract Law.

    3. Re:Breach of Terms of Service != illegal by Anonymous Coward · · Score: 1

      So the issue is not that the servers are illegal but that the clients are illegally connecting to them ???

    4. Re:Breach of Terms of Service != illegal by Anonymous Coward · · Score: 2, Funny

      Ahh, but their EULA doesn't supersede my SPLA, which is clearly printed on the side of my computer.

      It boils down to this.

      By allowing your software to install on my computer, you, the software provider, agree to the following terms and conditions.
      Your EULA is null and void.
      Your software is fit to be used for any purpose I choose and if it fucks up my server, you will be held fiscally responsible.
      The copy of "your software" installed on my machine now belongs to me. I can do anything I want with it and you have no legal recourse available.
      If you attempt to prevent me from doing what I want with my software in any way, shape, or form, you will be held accountable to the tune of $5,000,000.00 USD an hour until I regain control of MY software.

      Any attempts by you to supersede my SPLA is strictly forbidden and falls under the penalty clause described above.

      If you do not wish to submit to my SPLA, then you must follow the following method to notify me.
      Fill out a postcard with "We do not want our software to submit to your SPLA.", addressed to my home address, which you will need to hire a private investigator to determine.
      That postcard must be stuffed into a self-addressed stamped envelope to be mailed to the post office with the U.S. Zip Code of 00001. That has to enclose another stamped envelope addressed to the post-office at zip code 00002.
      Repeated stuffing of each envelope so that zip codes increment from 00001 to my zip code without skipping any zip codes in between.
      Failure to follow these procedures will also activate the penalty clause.
      Your notification must reach my home address within 15 days of your decision to disagree with my SPLA, after which you cannot cancel the SPLA and you will forever more be bound by my terms and conditions.
      Any attempts to bring legal efforts against me will also activate the penalty clause, though it will be doubled just because you chose to piss me the fuck off.

    5. Re:Breach of Terms of Service != illegal by loufoque · · Score: 1

      None whatsoever.
      Their hosting service just probably cave in because of FUD

    6. Re:Breach of Terms of Service != illegal by silentcoder · · Score: 1

      >ALL Law is based on Contract Law.

      Eeeeppp wrong. And you were doing so well up until then.
      Contract law is a relatively modern invention - there are plenty of laws that predate it by millennia, and there are entire legal systems that never had contract law or anything that even vaguely resembles it.

      Now you may argue that you meant "modern western free-world" law - but you would still be wrong, firstly quite a lot of the laws in the free world are also present in those other legal systems, and many of them entered the precursors to modern law before contract law did (which means they clearly do not depend on it).

      Contract law can only apply to things where there is at least the possibility of legal consent by all involved parties. Laws that let companies get away with externalities flat out ignore contract law, ditto for laws that actually try to fine them for it to encourage internalizing costs. A law against murder is not based on contract law since there is no way you could legally consent to being killed (even if you wanted to die - you cannot legally consent to being a murder victim and the killer would still be committing a crime). Statutory rape would fall in exactly the same category: the very existence of a contract has been precluded by a law that precludes one of the parties from making the choice to enter one.

      If every law is based on contract law, then every law prohibiting something must be about either ensuring compliance with contracts or ensuring the integrity of freedom of contract (that's all there is) - but in fact many laws actually restrict what contracts can exist, that's really not based on contract law, it's limitations of contract law - and many laws exist regardless of all contracts (all anti-violence laws).

      Laws that prohibit selling something even with a willing-buyer are decidedly not based on contract law (i.e. drug bans or prostitution bans) - you may argue they are bad laws (and in many cases including both my examples I would agree) but they don't stop existing because you don't like them.

      Contract law is certainly fundamental to western law and a great many laws can be well described as being based on it, but it's certainly not as universal as you believe.

      --
      Unicode killed the ASCII-art *
    7. Re:Breach of Terms of Service != illegal by thegarbz · · Score: 1

      ALL Law is based on Contract Law.

      Not even remotely. And breaking a contract is still not illegal. That is why these things end up in civil courts with both sides of the contract arguing, rather than the police showing up and throwing someone in prison.

  28. Re:Expected different by MalleusEBHC · · Score: 2

    It has no control over what other people connect their clients to.

    Interestingly, and perhaps tellingly, the 1.12 WoW client refers to an editable, plaintext file (realmlist.wtf) to decide what server to connect to. Blizzard gave users the ability to choose which server to connect to, and now they are mad that users exercised that ability to connect to reverse-engineered servers.

  29. Re:Illegal??? What law did they break, exactly? by Dutch+Gun · · Score: 1

    Did they also modify the client to connect to these servers? If so, then there's your copyright infringement there. If not, then reverse engineering a service seems legit. I can certainly understand why Activision-Blizzard lawyers would get all frothy at the thought of this, but it seems like there's precedent for this sort of thing.

    Granted, whether or not your or I think it's legally okay to do this doesn't mean that suits won't be filed, and Activision has a hell of a lot more money to spend on lawyers. Also... they can shut down external operations because they're against the "terms of use"? So Blizzard can simply write their own laws now? Hell, maybe so.

    --
    Irony: Agile development has too much intertia to be abandoned now.
  30. Re: Expected different by Anonymous Coward · · Score: 1

    As if harmonizing US law with deliberately draconian globalist copyright law is an excuse.

  31. Re:Expected different by ewibble · · Score: 1

    I would argue that the spirit of the law is to protect creators of content from loosing money. From the summary:

    Blizzard says the rule "isn't an issue because of 'lost' subscription fees ...
    it simply boils down to the fact that private servers are illegal

    So what they are saying is, it doesn't effect us but stop doing anyway, its illegal. Note illegal != wrong. How can it be wrong if it is not hurting anyone.

  32. Re:Illegal??? What law did they break, exactly? by taustin · · Score: 1

    I expect trademark law is a better basis. It's easier to violate trademarks, and they can retreat behind the requirement that trademarks be defended or you lose them (unlike copyrights).

    But terms of service are, indeed, a contract, and enforceable under the law.

  33. Re:Illegal??? What law did they break, exactly? by taustin · · Score: 1

    Settings qualify for copyright, too, as do characters under some circumstances.

  34. Re:Expected different by Anonymous Coward · · Score: 1

    > Are they using Blizzard's artwork?

    Not by running a server, they aren't. The server just handles technical stuff, it doesn't push artwork. The artwork lives in the client. Blizzard distributes the client.

    > Are they using Blizzard's quests?

    Not by running a server they aren't. The server just handles technical stuff, it doesn't push quest text. The quest text lives in the client. Blizzard distributes the client.

    > Are they using Azeroth?

    Not by running a server they aren't. Azeroth lives on the client. Blizzard distributes the client.

    > the Terms of Service states you do not own your account or the software.

    The EULA is what you are thinking of, and that's how they would approach it. They would say that the EULA means you forfeit all your rights, and then the DMCA applies, and they can sue that way. That's what they did before. It's bullshit.

  35. Re:Illegal??? What law did they break, exactly? by Sloppy · · Score: 4, Insightful

    My understanding is that Blizzard would say the server operators are inducing the users (the people playing the game: the clients) to commit copyright infringement.

    The Blizzard case way back was fascinating, and they won in court. That was the case where Blizzard essentially claimed they have never, ever sold a game. Not a single copy. "Title was not transferred" is how they put it, because the EULA was magically invoked and retroactively made the sale not have happened.

    You probably didn't follow the preceding sentence, because IT'S FUCKING INSANE so go read up. But anyway, from there, it goes like this:

    If a user connects to a non-Blizzard server, then the user is violating the EULA. If the user is violating the EULA, then they aren't authorized to possess a copy. If they aren't authorized to possess a copy, then they violated copyright when they installed the software.

    MPAA never did anything so evil. Please, people, don't ever pay Blizzard for anything, and if you ever meet an employee of that company, kick them in shin. There are thousands of other game makers.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  36. Re:Great one. by cfalcon · · Score: 1

    > The point is exactly that those 800k were not playing on Blizzard servers.

    First, that's wrong. Many of them have accounts with Blizzard. Hell, if you care enough to run vanilla raids, you likely have more than one account. Even those with inactive accounts would likely activate them whenever Blizzard launches a new expansion.

    Second, many of them are claiming they will unsub from WoW based on this, or not buy future expansions if they are not currently subscribed.

    Third, most of these players, even the few that aren't playing Blizzard WoW, are hardcore fans- the experience you get on all these private servers is one that Blizzard REFUSES to acknowledge among its playerbase- progression servers (servers that go through a set of patches) and static servers (servers that act like a certain period of time in WoW's history). If you leveled a character you loved and then Blizzard changed it totally, you might still want to play that character, and a private server is the only way to do this. This entire side market exists because of Blizzard's choices in the first place!

    Fourth, there's PLENTY more of these servers- this was just the generally most popular one in genre (wowlike vanilla). There's a whole bunch of subdivisions of WoW private servers, and many of them are totally legal. This one just had the misfortune to be located in France.

    So there's no way they accomplished anything but pissing off their vanillaheads. It takes a lot of gall to fuck your character, guild, and game up on live, then reach across the ocean to delete the one you remade over there to play the game you want to play. Frankly, I suspect they might have had a more legit reason that they aren't sharing- they aren't even trying to hunt down all the private servers in France, after all, much less all the ones that operate legally in jurisdictions that they can't attack. But who knows. Their action, on the surface, appears totally irrational- though you have to pay attention to the private server scene to see it as anything but some DMCA garbage.

  37. Re:Illegal??? What law did they break, exactly? by lgw · · Score: 1

    Nope - WoW doesn't work that way. All the content is on the client, distributed by Blizzard.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  38. Re: Expected different by LocalH · · Score: 3, Informative

    Actually, the spirit of the law was to provide a limited period of exclusivity in order to entice people to create, with the ultimate goal being to enrich the public domain. We all know how well that's working out...

    --
    FC Closer
  39. Re:Expected different by Anonymous Coward · · Score: 1

    Yep, it's default location is "C:\Program Files\World of Warcraft\Data\[locale]\realmlist.wtf" and that WTF file is still there today in the current client doing the exact same thing that it always had.

    If anything Blizzard is directly allowing anyone to change the server the client uses. Or is editing the content of a completely unprotected AND unverified text file now a felony? Because if you can't even touch something that has absolutely no protection nor verification done to it, then the DMCA has hit a new low. The DMCA bans circumventing a "technological protection measure", the realmlist.wtf file has absolutely no protection on it, and the client seems perfectly willing to allow a connection to a non-blizzard server. So what "technological protection measure" has been "circumvented" here?

    On a somewhat related note: You can't play the original WoW anymore. The official Blizzard servers only run the most up-to-date version of the game, with no option for the user to play with only the older content. Recently, they completely changed the damn maps, quests, mobs, gameplay elements (Flight is now possible in older areas (starting areas) where it was banned previously), etc. to reflect the changes in the story brought about by their Cataclysm expansion pack, which among other things makes the story darker, and all areas (to at least some extent) more bleak. Why should people who don't want that content have it forced upon them? Now some people will read this and say: "Well if you don't like it, Fuck you." I say, if Blizzard wants to have that world fine, but if they have no interest in maintaining the older game world, they shouldn't be going after those who prefer it. Those people were discarded by Blizzard as customers when they chose to not maintain the older world. If those former customers wish to maintain the older world on their own, with their own resources, then they should be able to. If Blizzard doesn't like the inability to force it's one true vision upon the world, then it (along with those like them) can go pound sand.

  40. Bnetd, part deux? by sethstorm · · Score: 1

    Time to move it to somewhere Blizzard can't sue.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
    1. Re:Bnetd, part deux? by Mantrid42 · · Score: 1

      They're releasing their software into the wild, including an encrypted database of player info.

  41. Re: Expected different by Anonymous Coward · · Score: 1

    I'm pretty sure the quest text/data actually lives on the server, or at least it used to. I dabbled with private WoW servers briefly about 9 years ago and the private servers needed constant database updates to fix quest bugs.

  42. Re:Expected different by Scoth · · Score: 3, Interesting

    I poked around with running a private server for funsies at one point years ago mostly for my own use, and virtually everything is controlled by the server. NPCs' locations, models, and dialogs, any scripting involving NPCs, monster spawn locations and attacks/spells/etc, Quests, quest text, any scripting that goes along with the quests, things like levelups and level caps, skill-handling... the server pretty much makes it the game. Without that you're just running around a dead, empty world. There were quite a few database sets of quests too - from full blizz-like (advertised as such) that attempted to recreate the official experience as closely as possible to various remixes and tweaks (mostly involving massively overpowering everything).

    And even for things in the client, even if Blizzard distributes it for free, it's still their client. I'm pretty sure you have to accept the EULA before you even log in. It'll be an interesting court case all the same.

  43. Cowards by gweihir · · Score: 1

    "It simply boils down to private servers being illegal" is a lie and a cowardly cop-out. No, private servers are not "illegal". They may be forbidden by Blizzard, but there is no law that says Blizzard cannot allow or tolerate them.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    1. Re:Cowards by SuricouRaven · · Score: 1

      They are when it's impossible to run a pirate server without utilising a lot of material to which Blizzard owns the copyright. Even if the software is entirely rewritten, it cannot function without the level maps.

  44. Re:Illegal??? What law did they break, exactly? by Scoth · · Score: 1

    I poked around setting up a private server a few years ago for my own use, and everything such as NPC location, models, specific skills, dialog, quests, quest text, any quest-scripting, player skills, skill handling, monster spawn areas, boss location and scripting, etc was all server-side. The raw content - images, textures, models, etc may be all client-side but at least as of the time I was messing with it (which I'll admit was several years ago) the server was responsible for the glue keeping it all together and making it a game. Otherwise you're just wandering around in a dead world. There were several databases available - those that tried to make it as much blizz-like as possible (advertised as such) plus various remixes and versions that usually played with superpowering everything.

    I could see them going after them for copyright if they've directly copied the quest texts and NPC dialog and such.

  45. Re: Expected different by Anonymous Coward · · Score: 2, Funny

    I just edited the EULA to say Blizzard owes me a pizza before I accepted it.

  46. Tortious Interference by Anonymous Coward · · Score: 1

    "Tortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when a person intentionally damages the plaintiff's contractual or other business relationships. This tort is broadly divided into two categories, one specific to contractual relationships (irrespective of whether they involve business), and the other specific to business relationships or activities (irrespective of whether they involve a contract). There is also a tort of negligent such interference."
    https://en.wikipedia.org/wiki/...

    Seems the server folks are intentionally interfering with contracts between WoW client software licensees (gamers) and the owner of the WoW client software (Blizzard).

  47. Re:Illegal??? What law did they break, exactly? by Rakarra · · Score: 1

    Which really wouldn't make too much sense. Most of the subscribers of WoW have been there for years. They already played vanilla in many cases. There may be new people who just wanted to experience WoW as it used to be, but if they have the client, they bought the game or got the client somewhere. And they will probably want to move on to new content when they are done with vanilla. There's only so many Molten Core runs you can make, after all.

    There's a further benefit as well -- it takes some of the rosiness off of those rose-tinted glasses that many oldtimers (myself included) use when talking about Vanilla. I've played on the Vanilla servers recently and it was kindof fun, but I realized quickly... the game really has improved since Vanilla. There are a lot of things that work a lot better, the combat is better paced, it gets boring walking slowly over lands with no actual content, and there is a lot of syntactic sugar that just makes the game "feel" better. Running around as a warrior at level 10 with heroic strike being my ONLY damaging special ability, and having to auto-attack for 10 seconds to get the rage to use it just once, then rinse and repeat... yeah, that's kindof boring!

  48. Re:Illegal??? What law did they break, exactly? by BronsCon · · Score: 1

    The users modifies a plain-text file (realmlist.wtf).

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  49. Re:Expected different by Baloroth · · Score: 1

    There's no Blizzard copyrighted material on the server,

    Yes there is. The data is copied from the clients (which is why it's possible to create such servers in the first place), but the server does need a copy of them. Things like mob locations, walls, vendors, banks, etc. all need to be known to the server. That means using Blizzard data, unless you want to replicate the entire WoW map from scratch (and that would violate copyright, anyways).

    --
    "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
  50. Re:Illegal??? What law did they break, exactly? by rtb61 · · Score: 2

    1st Commandment of Capitalism Rebellion: If you or people you like have been screwed over by capitalism and have bugger all, pissing people off who have vastly more than you by taking steps to ensure they end up with less, is OK, as long as costs them far more than it costs you ie you might have to spend thousands but as long as it costs them billions, that's cool (consider it capital redistribution). So how much did the Panama papers person spend in order to cost others billions.

    --
    Chaos - everything, everywhere, everywhen
  51. Blizzard : Still just the dessicated husk draped by waspleg · · Score: 1

    over the skin-suit wearing Activision business Nazis. I didn't even know this was still a thing. I heard of pirate servers years ago and I thought they were all sued in to oblivion then.

  52. Re: Expected different by Anonymous Coward · · Score: 3, Informative

    Case law has spoken.

    Here's a good one. People tried to work around copyright law by saying things like "we don't provide infringing content, we just provide a data-sharing service" and got slapped down. Also, people said "this is fair use because we are just sharing our copies with our friends, not selling them." and got slapped down.

    Here is a surprising familiar example, from 6 years ago, when blizzard won this same case for this same reason.

    Here is an earlier instance of the same thing, but this time emulating battle.net for private games of starcraft and diablo. Same result too: the technical workaround didn't actually work around the law.

    The attempt to evade law through technical workarounds is much older than computers. For example, people try to gain citizenship status by marrying a citizen, only to learn (the hard way) about shame marriages, and how the government can and will split you up and deport your spouse, and slap you with a conviction on top of it.

    Or the fun trick of escaping student loans by transferring the debt over to credit cards, and then declaring bankruptcy. This is fraud and it will land you right in jail.

    The justice system has seen every scheme you can think of, including every with-computers "not technically illegal" scheme you can think of, and have slapped the grifters down for it every time. When you try to pit your technical cleverness against the government's lawyers, expect a beat-down.

    Also....the present article is just another case to add to the above list.

  53. Re: Expected different by Anonymous Coward · · Score: 2, Insightful

    That might have been the original spirit of the law. That is most certainly not the spirit of the DMCA. The intent is to ensure that digital products are kept artificially scarce, so that the rights-holders (not the content creators) can extract continual revenue streams from them.

    Especially in the case of computer software, the goal is to pay cheap programmers in foreign countries pennies to make software which America then owns and can demand that those same countries pay big bucks to use.

    This is the spirit of the law, and its enforcement is made clear by even the most casual of reviews of case law on the topic. I know you don't like it, I know you think it is philosophically absurd and completely unjust. But it's the law, and this is the spirit of the law, and this is exactly what is being enforced, as the present article demonstrates.

  54. Re:Expected different by L.+J.+Beauregard · · Score: 1

    For the Americans, remember it was the Clintons that signed DMCA into law.

    So vote Republican.

    --
    Ooh, moderator points! Five more idjits go to Minus One Hell!
    Delendae sunt RIAA, MPAA et Windoze
  55. This is why games should be freely licensed. by Jastiv · · Score: 1
    If online MMORPGS had all free software (open source) code and free culture assets (such as the artwork quest writing, music etc,) this scenario would never happen. We need to get the organization and money together to make this happen.

    Blizzard did not handle this very well even compared to other gaming companies, while they could have either ignored it like Ultima Online or made an old school server like Runescape.

  56. Re: Expected different by davester666 · · Score: 2

    It's never just "harmonizing". It is always "harmonizing + a little/lot more", so other countries then need to "harmonize" to your laws, but they also do the "harmonize + more", then you have to do it.

    It's always sold as "just making it an even playing field", but it always actually is tilting the table more and more towards large corporations relying on copyright for their existence.

    --
    Sleep your way to a whiter smile...date a dentist!
  57. Re:the real reason... by demachina · · Score: 1

    I wish I'd known about these servers. I would play WoW again if it was the 2006 vintage instead of the crap its become. To answer your criticism, if Blizzard wants to keep WoW going forever, roll back to 2006 vintage, and focus entirely on new and interest dungeons and gear. Also put the level cap back to 60 and keep it there. New and interesting PVE dungeons was the only thing that made WoW great. Making the game "easy" for casual players was another tragic mistake.

    2006 vintage WoW would be right before Burning Crusade came out and BC would be just about the time WoW started to suck and I quit playing. In 2006 there were 64 player raids, no constantly shifting level caps that constantly trashed all your gear, you lived to get to get to level 60 and collect PVE gear.

    Every good guild on the server I was on, including my own, blew apart about that time, people wandered off to PvP to get the gear Blizz was handing out like candy to distract from the fact all their hard won level 60 PVE gear was being trashed and running Molten Core and BWL was officially pointless. It had become a waste of time doing PVE raids entirely which was the whole point of WoW.

    In those days you only ran dungeons with people on your server, yea it sucked waiting to get groups sometimes but you actually made friends and learned to trust or not trust the people you played with on your server. When they started jumbling together pick up runs from all servers you didn't know and couldn't trust ANYONE you were raiding with. Dungeons just became a whirlwind you ran through as quickly as possible and half the time someone in the group would be a total ass and get away with it.

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    @de_machina
  58. Re:Great one. by Maxo-Texas · · Score: 1

    Only problem...
    you can't play the version being offered with blizzard.

    Everquest, Wow, and many other games have a flow and a golden age.

    The flow comes from the timing and release of expansions.
    The golden age is a moment when everything is perfect.

    For EQ it was probably the plane of time. After that things got weird and repetitive. But everything thru the plane of time was just incredible and part of a a big story that culminated there.

    I never played wow but knowing this is a historical server-- the same thing is probably true.

    Blizard doesn't offer the game this way. I.e. starting with the base game and then ever 6 to 12 months offering the next expansion and stopping right before things got silly or weird.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  59. Re:Expected different by SuricouRaven · · Score: 1

    And if it had been a republican in office, they'd have done the same. The DMCA was a required law to meet obligations under a WIPO treaty, and as copyright law was a subject of approximately zero public awareness at the time (and barely more than that now) neither side had any reason to resist the influence of the entertainment industry - a sector both politically influential and generous with campaign contributions.

  60. Nice by m76 · · Score: 1

    So what they're saying is: "It's not about the money, we just like being dicks"

  61. Re:Expected different by jandersen · · Score: 1

    Wouldn't they (Blizzard) actually benefit more from being good sports and allowing this service to continue? Perhaps even by sponsoring them or condoning them officially - there are probably many who wouldn't spend the money to try WoW because they think it isn't their thing, but who might get hooked this way. And I don't think they loose customers - people who are this dedicated would probably also invest in the official game. I'm not a player myself, but it seems like common sense to me.

  62. Re: Expected different by Anonymous Coward · · Score: 1

    US case law has spoken, and France is a US state?

    And yet, even in the US, it doesn't seem to be illegal to emulate a server. The Samba project is doing the exact same thing emulating Windows servers, as these guys are doing emulating WoW servers.

    If it was actually illegal, and not just a couple of confused or bribed judges, Microsoft would have been able to put and end to Samba before Linux became large enough to hurt them.

  63. Re:Expected different by Coisiche · · Score: 1

    I guess they figured out how to expand their reach to France.

    Probably wasn't a stretch for them since the European realms' server hardware has always been in France.

  64. Re: Expected different by silentcoder · · Score: 1

    What I find odd is that the many private classic-wow emulating servers clearly proves a market for them exists. 800k accounts is tiny next to official WoW numbers which still more than an order of magnitude higher but they are a potential customer base and many existing players would likely join them but for loyalty to blizzard. So why not make money ? Blizzard could add a revenue stream by partnering with these guys and it would cost them nothing (not even legal fees). Or have one server running classic which players could opt into for little expense to them and likely improve their subscription retention rates.

    Whether or not you approve of what pirate servers do American companies really are excessive in running to lawyers first. This is a missed opportunity to make ready cash from willing customers with no expense.

    --
    Unicode killed the ASCII-art *
  65. Re:Expected different by Coisiche · · Score: 1

    If i was to reverse engineer Lotus 123 that existed back in 2001 while never seeing any lotus 123 code - does that allow me to put out my own Notus 123 version and not expect to be sued by everyone and their brother?

    Er, maybe a bad example since the Lotus name was purchased by IBM and they have an army of lawyers so you'd really be putting yourself in the crosshairs.

    And also, lots of people want to play vanilla WoW but would a 15 year-old spreadsheet be that popular?

  66. Re: Expected different by silentcoder · · Score: 3, Informative

    As far as I can tell - there was no copyright violation by the servers. The users agreed to a T.O.S. that prohibits them to connect to the server however. So I suspect the actual legal argument here is something akin to "provided the means to circumvent" ala DMCA - which really shouldn't have ever been illegal.

    --
    Unicode killed the ASCII-art *
  67. Re:Expected different by jellomizer · · Score: 2

    Was it only Bill Clinton who signed it. I don't see any statement that the First Lady had any responsibility in executive functions.
    As anyone who is married knows your SO doesn't always sees eye to eye with you.

    Judging Hillary Clinton for what her husband does isn't really fair.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  68. Re:"Set up," not "setup," dammit. by jenningsthecat · · Score: 1

    It's a valid neologism that is very common in the information technology field. Learn to adapt.

    I would argue that "setup" as a noun is a valid neologism, and that "setup" as a verb is simply sloppy and arose from a failure to understand basic grammar. If "setup" is a valid verb, then "goover", "cometo", "passon", and any such other bastardizations should also be considered valid. There's really no good reason to create a new, awkward, and entirely redundant class of verbs.

    --
    'The Economy' is a giant Ponzi scheme whose most pitiable suckers are the youngest among us and the yet-unborn.
  69. Re: Expected different by silentcoder · · Score: 1

    It's a bit unclear - but assuming you're right, from the article it seems clear the quest data was recreated to match vanilla, a lot of that would have to be done from scratch - but if so, that would actually be valid copyright infringement. The text of the quests are clearly copyrightable, so are characters and some of the names are likely trademarked.

    This may well be more about trademark protection than anything else though - if you allow somebody to offer a product substantially similar to yours, with a similar name who isn't you - that can mean losing your trademarks, which are valuable to blizzard. They really wouldn't to allow EA to be able to create EA-WoW "the not similar at all game with no reused content but the same name".

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    Unicode killed the ASCII-art *
  70. Re:Expected different by silentcoder · · Score: 1

    Copyright ? No. Patents: possibly, but if the car you recreate is more than 14 years old any patents would be expired.

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    Unicode killed the ASCII-art *
  71. Re:Expected different by silentcoder · · Score: 1

    > If it acts the same and looks the same? Somehow you all are delusional thinking you are legally allowed to do this.

    Yes... like all the times Microsoft sued OpenOffice.org for looking and acting exactly like MS-Office (often an earlier version)... or that time they sued IceWM for looking almost exactly like Windows95 (hell it even had a win95 theme). Or when Broderbund sued kgoldrunner for recreating the classic 80's loderunner game exactly. Or the lawsuit from Nintendo against Supertux for a near identical play clone of Mario.

    Actually what you describe is not only perfectly legal - it's done all the time. A clean-room reverse-engineered recreation of a product is not only legal, it's specifically protected as a right by the law.

    --
    Unicode killed the ASCII-art *
  72. Re:Expected different by silentcoder · · Score: 1

    In case you were unclear- all those lawsuits I spoke about never happened, and were never attempted - because they can't be. Those were all perfectly legal software and not even a copyright monster like Microsoft (and this is Balmer's microsoft) thought they could get away with it. All that software exists, is regularly used and downloaded - and is perfectly legal.

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    Unicode killed the ASCII-art *
  73. Re:Expected different by silentcoder · · Score: 1

    What... like the old pirate-radio stations that broadcast from ships ?

    Forget the boat-that-rocked, this is the 21st century... here comes the boat-that-torrented (actually - don't most boats do that on a regular basis already ? ... or is that just the worst pun ever ?).

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    Unicode killed the ASCII-art *
  74. Re:Expected different by dcw3 · · Score: 3, Informative

    Co-sponsored by 6 Republicans and 3 Democrats. Plenty of blame to go around.
    https://www.congress.gov/bill/...

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    Just another day in Paradise
  75. Re:Expected different by dcw3 · · Score: 4, Funny

    Yes, Clinton sucks

    Doubtful, or Bill wouldn't have had all those girlfriends.

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    Just another day in Paradise
  76. Re:MMOs might be really bad for the industry by mOzone · · Score: 1

    daybreak company that now owns everquest just gave blessing to emulated servers not all mmo companys are bad http://www.project1999.com/

  77. Re:Expected different by dcw3 · · Score: 1

    There's no such thing as intellectual property. This violates nothing, not even copyright law- when they sue private servers, they use the EULA and the DMCA.

    Certainly not in your mind, but in the real world, you know the one with judges, lawyers, etc., they'll gladly remove funds from you to make you suffer for being an IP denier.

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    Just another day in Paradise
  78. Re:Expected different by Talderas · · Score: 1

    The game that existed in vanilla WoW is long gone and doesn't resemble the product they peddle. Someone who tries these pirate servers then gets a WoW account will likely give Blizzard one month's subscription. The market for these servers is not new WoW players. It's veterans that have become disillusioned by where the game has gone and yearn for the 'good old days' of vanilla WoW.

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    "Lack of speed can be overcome. In the worst case by patience." --Znork
  79. Exactly how much money did Blizzard lose? by wardrich86 · · Score: 1

    How much was Blizzard losing off of people playing a version of the game that is no longer for sale? I sincerely hope that all of these players just move onto another hacked server and don't pay a damn cent to Blizzard to get into an official server.

  80. What nerve by piojo · · Score: 1

    "isn't an issue because of 'lost' subscription fees from players choosing these illegitimate servers over the real WoW servers -- it simply boils down to the fact that private servers are illegal, and that's that."

    What a load of trite, cowardly, disingenuous crap!

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    A cat can't teach a dog to bark.
  81. Re: Expected different by pchasco · · Score: 1

    I had been a frequent player on Nostalrius. I did play on Nostalrius because I wanted to save a few bucks on the monthly fee; I just prefer the game as it was before the expansions. That being said, I think you are oversimplifying just what the game server does. Blizzard's copywriter extends to more than the game art, object models and audio. There is also lots of copy (quest dialog, NPC dialog etc.), as well as world geometry that is indeed stored on the game server. At times this information may be sent to the client. Much of this information is extracted and generated from the WoW client data, but much of it has also been reproduced, copied verbatim from various sources. Nostalrius are violating the copyrights held by Blizzard, and that's a fact. It's a shame, though. I was really enjoying the vanilla WoW experience that I had loved when the game was in its infancy and shortly after the first expansion was released.

  82. Re: Expected different by pchasco · · Score: 1

    *didn't want to save a few bucks on the monthly fee. Oops. To clarify I'd gladly pay the 18 bucks to Blizzard to play a version of WoW that I enjoy.

  83. Re:Illegal??? What law did they break, exactly? by taustin · · Score: 1

    Case law says otherwise.

  84. The Law is Working Correctly Here by sampson7 · · Score: 1

    Totally agree with the parent. But I think there's something that all you techies need to understand (and I don't say that as a slam, just that there is a wide divide here). Lawyers look at this case and see a long, rich tradition of people taking a series of arguably lawful steps to accomplish an unlawful goal. Judges have very little patience for this type of obfuscation; instead, the judge in a case like this is going to ask a couple of fundamental questions:

    1) Who owns the intellectual property at issue here?

    2) Is the allegedly infringing party doing something that feels like an invasion of the owner's intellectual property?

    If the answer is "yes" to both questions, then it just becomes a matter of examining affirmative defense (such as Fair Use) and then developing a legal justification for why the infringing activity should be stopped.

    This case seems like a slam dunk to me. Blizzard invested its capital to create a product. Blizzard has the right to profit from that investment. I have little sympathy for parties suggesting that because what they are doing isn't technically "copying" that they aren't trying to recreate the look & feel & enjoyment provided by the product. Listen, I despise the DCMA as much as the next lawyer, but does anyone really think Blizzard isn't entitled to stop people free-loading?

  85. bnetd by scumfuker · · Score: 1

    This isn't the first time that Blizz has went server emulation. They shut-down bnetd years ago, which has since been succeeded by PVPGN. I'm not sure what makes PVPGN less of a target than bnetd, as far as I can tell it's an updated fork.

    https://en.wikipedia.org/wiki/...

    1. Re:bnetd by scumfuker · · Score: 1

      Slashdot article here:

      https://news.slashdot.org/stor...

  86. Saying "it's illegal" is a stupid argument... by the_pouar · · Score: 1

    Saying "it's illegal" is a stupid argument when you're the only one trying to make it illegal

  87. Re:Illegal??? What law did they break, exactly? by BronsCon · · Score: 1

    The file is one line in length, a couple dozen characters. You're literally changing all except the first 8 or so characters of the file; more is changed than unchanged. That falls under fair use no matter what, in the worst case. It would be similar to trying to publish a book where that was nothing like "Harry Potter and the Sorcerer's Stone" except for one of the characters being named Dumbledore.

    I don't even play WoW; I just did 45 seconds of research before I spoke. Try it next time.

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    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  88. Re: Expected different by pchasco · · Score: 1

    Sir (or ma'am) I do understand a thing or two about how the cmangos server that Nostalrius is based off of, and yes it absolutely does require many hundreds of megabytes of client data. This data is extracted from the WoW MPQ files and placed alongside the game server daemon. some may argue that, because it's actually a transformed version of the pack files that somehow it does not violate copyright. That argument will fall flat. The next issue is that - and if you knew anything about how cmangos worked you would know this - the quest text is stored on the server in a SQL database. This text is in nearly every case a verbatim copy of the original created by Blizzard. In fact, the cmangos server is so highly specialized to run WoW that I doubt there would be any way to bring it into compliance without a great deal of work as there are many hard-coded elements in the C++ source code for individual locations, NPCs, events, etc.

  89. Re: Expected different by pchasco · · Score: 1

    originalPost.replace('cmangos', 'Mangos Zero');

  90. Re:Illegal??? What law did they break, exactly? by erapert · · Score: 1
  91. Starwars Galaxies by Rexdude · · Score: 1

    There are still 'pirate' servers of the discontinued Starwars Galaxies MMO. Unlike the present 'The Old Republic' MMO which is entirely combat and story focused, the old one was totally free form, i.e. you could choose professions and create and trade items without getting into any PvP/PvE.
    Now that The Mouse is in charge, expect them to also get shut down like this.

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