What difference would it make how many players the emu has?
It's not like they will get more or less money.
In any case, the Devs on this project are not giving them any reasons to sue. They're too smart for that. ...so far anyway...
If they decide to sue Eqemu, then they will have to sue HQ as well, and the next group that decides to work on an emulator. This isn't the first or last Emulator program. There are hundreds of examples of emulated game systems out there, and for the most part, legal action against them is a dead issue, as long as they don't break the laws.
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