dusting off my old arguments
Having entries in a database that allows another piece of software to manipulate those entries, without modifying the content, would not normally be seen as a form of IP violation.
Changing hps on a model is not modifying the model, because it doesn't not permanently alter the model.
I have also argued that the characters that a user creates are as much IP content as the original base models--maybe even more. I would even argue that to ban a person and not allow them access to their content is a form of piracy. I would love to see this go to court.
Now you may think that my argument is silly, but since SoL the EQ EULA has been modified to include a section that assigns rights back to EQ for any content that you create on their servers.
Did anyone wonder what that was about?
Here is the section:
11. As part of your Account, you can upload content to our servers in various forms, such as in the selections you make for the Game and in chat rooms and similar user-to-user areas...
and then goes on....
You hereby grant to us a worldwide, perpetual, irrevocable, royalty-free, sublicenseable.. right to exercise all intellectual property rights, in any media now know or not currently known, associated with your Content.
Think about that for a while. What the heck could a user possible create that could justify such a comprehensive agreement?
And this is the reason why EULA is weak. When you have such sweeping statements and you have no recourse, then you have no meeting of the mind.
But also look at what it does for my "piracy" argument-- potentially throws it out the window.
Yes my piracy statement is a matter of public record and is searchable.
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