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[Discussion]P servers Legal or Illegal?

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Old 03/09/2010, 22:52   #16
 
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usa. or china but usa and china prll got some **** together. >< major powers of the world

usa, china, russia, japan.



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Old 03/09/2010, 22:56   #17
 
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Quote:
Originally Posted by Korvacs View Post
Technically speak you could be done on the whole reverse engineering side of things, so even if you dont distribute the client, modify the clients files etc etc, they could probably still get you shut down via that route.
Reverse engineering isn't illegal, it's just a breach of TQs ToS.


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Old 03/10/2010, 00:13   #18
 
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The only part that is illegal is conquer related materials (client, binaries, any images from their site/games)

You can always bypass that by not distributing the client yourself and using a fully reverse engineered source (so no binaries at all) and not using any conquer related images on the site.

They will still probably try to send you and your host a scare letter but they don't ACTUALLY do anything.

Tq doesn't care enough to sue people even when they ARE using binaries so you have nothing to worry about other than your host crying when they get the letter demanding they shut down.
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Old 03/10/2010, 02:03   #19
 
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We are not lawyers, so anything we say should be taken with a grain of salt.

We, as the end users, are not allowed to modify the client in any way. The recreation of methods in order to interact with or in the likeness of another party's proprietary commercial software is legal, but the resulting software must be completely of its own. Qonquer's website says that their game server is written in Java and is their own work, and that "no distribution of others' trademarks/property/software is involved in its development and operation." While it is possible that I took that statement differently than it was intended, or they do not use any of those files at all, the legitimacy of such a statement is questionable because most servers would use the client's files (e.g. map/dat files) at some point in order to replicate the official game server with more precision, and that would be illegal.


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Old 03/10/2010, 04:07   #20
 
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Quote:
Originally Posted by pro4never View Post
The only part that is illegal is conquer related materials (client, binaries, any images from their site/games)

You can always bypass that by not distributing the client yourself and using a fully reverse engineered source (so no binaries at all) and not using any conquer related images on the site.

They will still probably try to send you and your host a scare letter but they don't ACTUALLY do anything.

Tq doesn't care enough to sue people even when they ARE using binaries so you have nothing to worry about other than your host crying when they get the letter demanding they shut down.
They make too much money from the Arabs to care =P
(not raciest lol)
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Old 03/10/2010, 04:45   #21
 
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In a nutshell, private server legalities.

Ask yourself a series of questions.
1. Are you running a privately coded server?
-Yes?: Legal! What you are doing is legal. Running a program you made, as long as it doesn't abusively modify, target, or otherwise tamper with another program or machine, is generally legal!
-No? ILLEGAL! You are using copyrighted materials, two of them. The client AND server. (ECSRO, the biggest private server for SRO ever made, uses binaries....They're being sued for 2.5 million dollars. Get it? illegal)
2. Do you provide a download link to a client that can be accessed, or could have been accessed, from Tq's website?
-Yes? Legal! As they themselves made it available, they can take it down, etc.
-No? Illegal! You are distributing copyrighted software, without consent.
3. Do you make money off of your server? If so, are you selling "in game items" or are you taking donations for "production of our program"?
-In game? ILLEGAL! You are profiting off of a copyrighted program (yes, the items in game are copyrighted), without permission.
-Production donations? It depends. My understanding of the DMCA in this category is very, very weak.

Generally speaking, there you go.
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Old 03/10/2010, 06:09   #22
 
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Originally Posted by herekorvac View Post
but u have to remember huseby QO is in Australia.. .thats some different copyright rules ><
Well that would be wierd when the admin is living in Europe, and Australians got stronger rules than EU, i think.
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Old 03/10/2010, 09:22   #23
 
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Quote:
Originally Posted by _tao4229_ View Post
Reverse engineering isn't illegal, it's just a breach of TQs ToS.
Reverse engineering is technically illegal, courts tend to rule in favour of the person who did the reverse engineering however because it can be classed as research or for use in product development, but that in no way makes it legal, it is illegal.
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Old 03/10/2010, 09:44   #24
 
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Quote:
Originally Posted by Viscount S View Post
We are not lawyers, so anything we say should be taken with a grain of salt.

We, as the end users, are not allowed to modify the client in any way. The recreation of methods in order to interact with or in the likeness of another party's proprietary commercial software is legal, but the resulting software must be completely of its own. Qonquer's website says that their game server is written in Java and is their own work, and that "no distribution of others' trademarks/property/software is involved in its development and operation." While it is possible that I took that statement differently than it was intended, or they do not use any of those files at all, the legitimacy of such a statement is questionable because most servers would use the client's files (e.g. map/dat files) at some point in order to replicate the official game server with more precision, and that would be illegal.
I'm no lawyer but i have had some experience with this legal stuff from another community.

1. TQ are Chinese, money hungry, and would not pay a lawyer a cent to take further action against any of this pserver stuff (so everyone is safe here, as long as you ignore the letters)

2. Of course QO uses the CO map files for more precision, They could simply download the CO client onto the dedicated server and have the gameserver they wrote read from the map files, i'm not sure if theres any breaching there.

3. Distributing the official CO client to players, and providing a tutorial on how to make it connect to your server is perfectly legal.
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Old 03/10/2010, 09:48   #25

 
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When u edit copyright material it is illigal.
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Old 03/10/2010, 12:55   #26

 
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TQ is a chinese company. Conquer is copyrighted with the California laws. You think that TQ will pay just for some little server of 100 members? Anyway, I don't know for the english user agreement, but I know that the french one is really really badly writed. A lot of sentences just don't make sence... Not really good if you want to win something
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Old 03/10/2010, 14:47   #27
 
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Quote:
Originally Posted by ChingChong23 View Post
I'm no lawyer but i have had some experience with this legal stuff from another community.

1. TQ are Chinese, money hungry, and would not pay a lawyer a cent to take further action against any of this pserver stuff (so everyone is safe here, as long as you ignore the letters)

2. Of course QO uses the CO map files for more precision, They could simply download the CO client onto the dedicated server and have the gameserver they wrote read from the map files, i'm not sure if theres any breaching there.

3. Distributing the official CO client to players, and providing a tutorial on how to make it connect to your server is perfectly legal.
As evidenced by QO and many other successfully run private servers, I'm sure many will see that you are indeed correct, and until TQ Digital decides to take their actions further, people will continue to believe that they will not go further to stop private servers, which is good news for us.

I haven't really done any research on this, but as common sense might tell you, the distribution of another party's property without the consent of said party is most likely illegal, and I believe that any court would side with the fact that anyone contributing to the assisted modification of the property is also guilty, of course I may be wrong.

I also believe that the use of any party's proprietary without the consent of said party (whether by license or other) is in the likeness of theft, of course I may be wrong.

I think that TQ could even have a case with anyone linking to their software directly.

I agree that TQ Digital would most likely not do anything about it except for the occasional Cease & Desist, but the legality of private servers are in question here, and not the likelihood of getting sued by the official game server's company.
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Old 03/10/2010, 15:30   #28

 
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Smile

Quote:
Originally Posted by ChingChong23 View Post
I'm no lawyer but i have had some experience with this legal stuff from another community.

1. TQ are Chinese, money hungry, and would not pay a lawyer a cent to take further action against any of this pserver stuff (so everyone is safe here, as long as you ignore the letters)

2. Of course QO uses the CO map files for more precision, They could simply download the CO client onto the dedicated server and have the gameserver they wrote read from the map files, i'm not sure if theres any breaching there.

3. Distributing the official CO client to players, and providing a tutorial on how to make it connect to your server is perfectly legal.
Money Hungry? Think they aren't.. Did you ever visited their site?
Man they have a Indoor-Fitness, Yoga, nutrition, balance, etc to keep their workes healty...

But i think they never start a hunt for P server hosters..
But im scared of my Real Account i love Conquer Online and even paid for it..
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Old 03/10/2010, 15:42   #29

 
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Guys i walked trough their sites and found out alot. Making your own client is illegal not running the server. So as alot people before said don't upload the client to your site.

The official TQ Digital NetDragon User Agreement (ToS)

The part where they are talking about the client

Don't believe it? Watch

Thanks if i helped you guys!
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Old 03/10/2010, 22:59   #30
 
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ffs we knew this a long time ago.. i said it in like my first post..

If you post a client download link it violates the Digital Millennium Copyright Act - Wikipedia, the free encyclopedia >< ffs..


herekorvac is offline  
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