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  #1  
Old 12-06-2005, 08:20 AM
Cisyouc
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Join Date: Jun 2004
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Theres a difference.
If you jaywalk, most likely nothing would happen.
If this became a place for EQ Warez, EQEMu most likely would be shut down, much like Scorpious2k and Winter's Roar which have been shut down and did, notably, have patchers (not saying that was the cause, I do not know the facts well enough)
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  #2  
Old 12-06-2005, 08:25 AM
mattmeck
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Quote:
Originally Posted by Cisyouc
Theres a difference.
If you jaywalk, most likely nothing would happen.
If this became a place for EQ Warez, EQEMu most likely would be shut down, much like Scorpious2k and Winter's Roar which have been shut down and did, notably, have patchers (not saying that was the cause, I do not know the facts well enough)
The C&D specifically stated why they were coming after the Scorp site, it was because we used EQ names and graphics on the site without there permition

Rember that pic of the high elf on the main page at the very bottom, yep they gave that as one of the 20+ examples they listed.
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  #3  
Old 12-06-2005, 10:09 AM
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Sakrateri
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Join Date: Mar 2004
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So EQEMU has gotten permission for the ones on the homepage here? If not then perhaps they should be changed ?
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  #4  
Old 12-06-2005, 02:59 PM
image
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Sounds like Sony is beating around the bush to me
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  #5  
Old 12-06-2005, 03:34 PM
johane
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Join Date: Sep 2005
Location: Gold Coast, Oz
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Quote:
Originally Posted by image
Sounds like Sony is beating around the bush to me
No, Sony is acting in a prudent manner, and protecting the interests of their shareholders.

You see, there is a grey area about EULAs in law, and there's another grey area regarding files they distribute via a flat HTTP transport (note there's no copyright headers come from the SOE patch server) may or may not be freely distributed to the public . Just as this community doesn't want to test these things in court ( we can't afford it!) Sony doesnt really want this kind of thing to test it in court (as they're not absolutely 100% certain they'd win).

Using copyrighted images is however a completely different issue. Sony know they'd win any court case about them - no doubt whatsoever.

So they shut down (what they see as) offensive sites based on that aspect of copyright law.

Their actions have zero risk to them, and they protect their shareholder's investment. Don't forget, if they don't actively demonstrate that they try to protect their copyright of images made freely available to anonymous users over the Internet they (might) erode their propietry interest in said images.

Shutting down a site over a patcher however opens another can of worms. EQLive subscribers pay for a service. Do "owners" of the EQ client who are NOT subscribers have the right to use that software for other purposes? According to the EULA no, but EULAs are dodgy in law anyway (whatever they are they arn't contracts!). Sony certainly doesnt want to go to court over that on the (very slim) chance that they lose and open a huge can of worms for the entire commercial MMORPG industry. Given the love that US Courts have for Corporations, I have little doubt that they would win in court, but it's NOT zero risk.

FYI, I'm not a Lawyer, but I was CTO of a publically listed Internet gaming company that went belly up in the dotcom crash. The above is how things work in Real Life.
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  #6  
Old 12-06-2005, 05:45 PM
boppoom
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Join Date: Nov 2004
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seems kinda quiet ever since he posted that post lol...... mabey a point proven!?!?!
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  #7  
Old 12-06-2005, 05:54 PM
Traul
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Join Date: Jun 2005
Posts: 105
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Quote:
Originally Posted by boppoom
seems kinda quiet ever since he posted that post lol...... mabey a point proven!?!?!
Maybe because he only posted it a couple hours ago

Last edited by Traul; 12-07-2005 at 01:58 AM..
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