18 posts in this topic

Hi! Server Administrators! I wish to know if you have the copy right to produce the game. Can you get me that doubt? Are you a Copyright or not?

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It is illegal to modify the game and have profit on it, yes it is a private server.. But blizzard is a big company and doesnt give a flying duck about this server so dont worry

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6 hours ago, dean said:

Hi! Server Administrators! I wish to know if you have the copy right to produce the game. Can you get me that doubt? Are you a Copyright or not?

>>> http://us.blizzard.com/en-us/company/legal/wow_tou.html <<<

As per Section 2 Clause F of Blizzard's TOU....

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

So no FS does not hold the copyright to World of Warcraft. Blizzard is the copyright holder plain and simple.

Edited by Shalaya

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So, FS is not legal?

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Every private server is not legal. 

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its perfectly legal. It's against the copyright or propperty rights, but it has nothing to do with being legal or not. u can't go to jail for it

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Blizzard often doesn't care about private servers when there aren't a lot of players (I mean 20k+ or more).

tigd-syas.png

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They do care.

But they will not ruin the game as long as we stick to its rules. x3

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1 hour ago, Imi. said:

But they will not ruin the game as long as we stick to its rules. x3

(See quote below from Blizzard's TOU)

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

If FS stuck to Blizzard's rules (Such as the one quoted above) this server and it's community would not exist. Just saying. Also what rules are you referring to? Last i looked Blizzard has NEVER approved any private server EVER.

Edited by Shalaya

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They just simply don't care about private servers, they look at them as free advertising (a private servers has bugs) and in most of the cases people starts to migrate from private servers to retail.

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On 9/19/2017 at 7:51 AM, tweek said:

its perfectly legal. It's against the copyright or propperty rights, but it has nothing to do with being legal or not. u can't go to jail for it

You contradict yourself. If It's against property rights then by definition It's illegal, end of. Simply take a look at the cases brought against other private servers in the past... all of which have shutdown, mind you.I doubt you'll get jailed for it, but most likely you will be given a cease and desist order and be fined for any sales made with real currency, as past cases have shown. Though the possibility of being jailed is not out of the table.

 

I always make my friends that are a bit too liberal with expending cash on this and other private servers aware of this fact;

All private servers are running on borrowed time. If you get too big and blizzard takes notice, you will be sued. Or if blizzard's legal team simply comes across the server and decides It's worth the effort and legal cost of taking it down, you will also be sued, and the outcome is usually the same; you will shutdown and be fined. This is also why you tend to see some private servers with absurd(very high) cash shop prices, simply because It makes more sense to make the most money that you can within that borrowed time that you have. Also it doesn't matter if you live, or your service is setup in another country.  

Sources:

Google(Blizzard sues private server, you will find tons of links)

My statement that you will be fined for any sales made with real currency:

"A judge in the California Central District Court ruled Thursday that Scapegaming, also known as Alyson Reeves, has lost its lawsuit against Blizzard. Scapegaming had set up private Blizzard servers that included a microtransactions market. Blizzard sued them in October 2009 for copyright infringement."
"The total reward of $88,594,589 comes from $3,053,339 of inappropriate profits[Microtransactions], $63,600 of attorney's fees, and $85,478,600 of statutory damages. "
 

That is just 1 of the possibly 100s of similar cases.

TLDR; It's not legal.

I'm bored so yes I did take the 5 minutes to write this because I always see misinformation in this types of threads, or outright lies.

Edited by OooFXooO
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16 minutes ago, OooFXooO said:

You contradict yourself. If It's against property rights then by definition It's illegal, end of. Simply take a look at the cases brought against other private servers in the past... all of which have shutdown, mind you.I doubt you'll get jailed for it, but most likely you will be given a cease and desist order and be fined for any sales made with real currency, as past cases have shown. Though the possibility of being jailed is not out of the table.

 

I always make my friends that are a bit too liberal with expending cash on this and other private servers aware of this fact;

All private servers are running on borrowed time. If you get too big and blizzard takes notice, you will be sued. Or if blizzard's legal team simply comes across the server and decides It's worth the effort and legal cost of taking it down, you will also be sued, and the outcome is usually the same; you will shutdown and be fined. This is also why you tend to see some private servers with absurd(very high) cash shop prices, simply because It makes more sense to make the most money that you can within that borrowed time that you have. Also it doesn't matter if you live, or your service is setup in another country.  

Sources:

Google(Blizzard sues private server, you will find tons of links)

My statement that you will be fined for any sales made with real currency:

"A judge in the California Central District Court ruled Thursday that Scapegaming, also known as Alyson Reeves, has lost its lawsuit against Blizzard. Scapegaming had set up private Blizzard servers that included a microtransactions market. Blizzard sued them in October 2009 for copyright infringement."
"The total reward of $88,594,589 comes from $3,053,339 of inappropriate profits[Microtransactions], $63,600 of attorney's fees, and $85,478,600 of statutory damages. "
 

That is just 1 of the possibly 100s of similar cases.

TLDR; It's not legal.

I'm bored so yes I did take the 5 minutes to write this because I always see misinformation in this types of threads, or outright lies.

not true, since it's a civil law, what i am talking about is criminal law... and a private server will never be a question about criminal law, unless u break the rules of the court..
i can sue you, does not mean u did something illegal... that's pretty much what this is about, u can be sued without breaking the criminal law.

AND copyright law's are not the same in every country what u are talking about is U.S civil law, and we all know that U.S Civil law is a special kind of snowflake. just look at people getting sued for not writing "don't put your dog in the microwave" and shit like that, civil law in the U.S is weird AF and should not be used as a general look at the civil laws around the world

Edited by tweek

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Only way that Blizzard will notice this server is IF EVER it reaches Nostradamus lvl, this what FS have ppl online ain't shit comparing to Nostradamus. That's why they got noticed by Blizz and got shutdown. Yes all PRIVATE servers are copyrighted. But Blizz dont give fuck about small community. We are to small to be noticed :)

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3 minutes ago, tweek said:

not true, since it's a civil law, what i am talking about is criminal law... and a private server will never be a question about criminal law, unless u break the rules of the court..
i can sue you, does not mean u did something illegal... that's pretty much what this is about, u can be sued without breaking the criminal law.

What you just typed barely made sense, and clearly proves that you know nothing about how the legal system works in the U.S. Yes, you can be sued without breaking any criminal laws but what does that have to with what we are discussing here? Copyright laws(IP laws) fall under civil law, and that is what we are discussing here. You said that it's "perfectly legal" but IT IS NOT.  Since Firestorm nor any other private server has and will never have explicit, legal permission from Blizzard to use their(Blizzard's) property, they are illegal. And when/if Blizzard sues they will lose the case on that fact alone.

Also, the main difference between civil and criminal law is that in civil law a private party files the lawsuit, while in criminal law the litigation is always filed by the government. There are also some differences in punishment, burden of proof and protections.  But since we are talking about copyright laws here, I don't see how anything that you said in response to my previous post has any relevance here, since IP laws fall under civil law.

39 minutes ago, Shadownation said:

Only way that Blizzard will notice this server is IF EVER it reaches Nostradamus lvl, this what FS have ppl online ain't shit comparing to Nostradamus. That's why they got noticed by Blizz and got shutdown. Yes all PRIVATE servers are copyrighted. But Blizz dont give fuck about small community. We are to small to be noticed :)

Sigh. You also know nothing about what you are talking about. You most likely meant that all private servers are NOT copyrighted. 

 And In the past they have sued even smaller servers than Firestorm(Felmyst, to give 1 example), and they lost, of course. Basically Blizzard can at any moment sue this server if it so wishes so, and without a doubt win. Community size have nothing to do with it. Why they haven't sued? Who knows. Maybe they indeed have not noticed, but the moment they do... it won't matter if only 1 person plays it.

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How would Billion dollar company hear about private server with  CCA 2k ppl on how much? 5 realms? 10k ppl?
If they wish they just type on google Wow private server and they have A WHOLE LIST of servers to sue. So yeah u dont know what u talking about ither my dear friend xD

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53 minutes ago, Shadownation said:

How would Billion dollar company hear about private server with  CCA 2k ppl on how much? 5 realms? 10k ppl?
If they wish they just type on google Wow private server and they have A WHOLE LIST of servers to sue. So yeah u dont know what u talking about ither my dear friend xD

The same way they've heard about all other private servers they have sued in the past that were far smaller than this one, like the example I gave of Felmyst? lol. This one is not special or excluded from that list of private servers they can sue. Billion dollar companies tend to have entire legal department that jobs is protecting Its IP, which as you may know(though I doubt it by your post), private servers are in violation of. Not to mention that users from the official game usually also report private servers to blizzard, just take a look in their forums. Many ways they can hear about 'small' private servers.

Edited by OooFXooO

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Blizzard would most likely easily sue servers stating in us, easy cases. When the private servers are residing elsewhere with different laws it complicates things. When the private servers have their own ways of avoiding the law it further reduces the productivity of sueing private servers. What it seems to me is that Ooo just wants to show off with his ??knowledge?? without realizing that the law and applying it in reality is more complex than what is written in the books.

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Wow, good to see how much effort you guys put in this discussion I hope you're actually enjoying this. But you still know that Firestorm is not gonna get taken down by Blizzard? xD

Also about the other servers you're talking about:

eLg7EN3.png

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