Author Topic: WoW Private Servers. Thoughts....  (Read 2674 times)

0 Members and 1 Guest are viewing this topic.

Offline Furyswrath

  • Administrator
  • OKgamer fo' life
  • *****
  • Posts: 3101
  • Gender: Male
    • View Profile
  • SEN ID: furyswrath
  • XBL ID: furyswrath
WoW Private Servers. Thoughts....
« on: December 10, 2008, 09:53:06 pm »
Ok ive always been under the impression that WoW Private servers where illegal.  http://www.plasmaburn.net/2008/12/05/blizzard-legal-targets-wow-private-servers

Are they? or are they not?  Because man if i can find something that says in Black and White that they are not..  We will be having some WoW PvP Tournaments in a heartbeat!

So what does everyone else know on this?   and If you say its not Illegal I want Proof.  show me how / and where you got your information from.   Because im serious as a heart attack we will be having some PvP Server action going on for WoW if it can be proved its not illegal to have a private server.

Im going off this.   Its against the DCMA  because in order to have a sever you basically have to hack the software. to give it different IP pointers. and that basically breaking part of the copyright protection. And if Blizzard would of wanted you to have a server copy they'd sell it to you?

Anyways Thought Id throw that out there for the WoWheads out there and see where it takes us.  Prove it to me if it can be proved and i will organize a mass chaos PvP Event!

Offline ezknight.okceca

  • Business Owner
  • OKgamer Evangelist
  • ***
  • Posts: 102
  • Gender: Male
    • View Profile
    • Divine Knight Gaming
Re: WoW Private Servers. Thoughts....
« Reply #1 on: December 10, 2008, 10:09:39 pm »
Not sure about the legalities of it, but I had a friend who used to play on a private server.  He loved it. Him and a hand full of his friends would do everything together without all the crap of having hundreds of others clogging it up.
--
E. Zachary Knight
Divine Knight Gaming

Offline Furyswrath

  • Administrator
  • OKgamer fo' life
  • *****
  • Posts: 3101
  • Gender: Male
    • View Profile
  • SEN ID: furyswrath
  • XBL ID: furyswrath
Re: WoW Private Servers. Thoughts....
« Reply #2 on: December 10, 2008, 10:13:16 pm »
Not sure about the legalities of it, but I had a friend who used to play on a private server.  He loved it. Him and a hand full of his friends would do everything together without all the crap of having hundreds of others clogging it up.

Exactly!  Need to take a serious look at this.   Id be almost half willing to pay for a server if Blizzard would sell the software for it. 

Offline SPRTN SnprSlick

  • OKgamer Evangelist
  • *****
  • Posts: 307
  • Gender: Male
    • View Profile
    • SPRTNGaming
Re: WoW Private Servers. Thoughts....
« Reply #3 on: December 10, 2008, 10:41:22 pm »
well, apparently those DMCA claims were false.

Offline ezknight.okceca

  • Business Owner
  • OKgamer Evangelist
  • ***
  • Posts: 102
  • Gender: Male
    • View Profile
    • Divine Knight Gaming
Re: WoW Private Servers. Thoughts....
« Reply #4 on: December 10, 2008, 10:46:52 pm »
I decided to read through the EULA(http://www.worldofwarcraft.com/legal/eula.html) and ToS(http://www.worldofwarcraft.com/legal/termsofuse.html) for WoW.

Section 2.G of the EULA reads:

Quote
You agree that you will not, under any circumstances:

 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; or

Section 1.F of the ToS says pretty much the same thing.

While the legal ramifications of breaking terms in an EULA or ToS is still a bit hazy under court precedent, according to Blizzard it is wrong and cannot be done.

This is a bit off topic but still to do with Blizzard. While Reading these documents I came across two seemingly contradictory terms.

The EULA reads thusly in section 4.B:
Quote
You may permanently transfer all of your rights and obligations under the License Agreement to another only by physically transferring the original media (e.g., the CD-ROM or DVD you purchased), all original packaging, and all Manuals or other documentation distributed with the Game; provided, however, that you permanently delete all copies and installations of the Game in your possession or control, and that the recipient agrees to the terms of this License Agreement. The transferor (i.e., you), and not Blizzard, agrees to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and the like, together with any interest, penalties, and additions imposed in connection with such transfer.

This says that you can transfer an account as long as you give up all physical copies of the game that are tied to the account and delete it from all of your computers.

Yet in the ToS Section 11 reads:

Quote
Blizzard does not recognize the transfer of WoW Accounts or Blizzard Accounts (each an "Account"). You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. Blizzard owns, has licensed, or otherwise has rights to all of the content that appears in the Game.

Here they state that they do not recognize the transfer of accounts.

How has this escaped scrutiny?

Next, Blizzard has forced you into binding arbitration (http://consumerist.com/consumer/binding-arbitration/what-is-mandatory-binding-arbitration-251394.php). What this means is that you cannot sue them in court for any reason. Any disputes you have with them have to go through an approved arbitrator who have a long track record of siding with corporations the majority of the time.(http://www.businessweek.com/magazine/content/08_24/b4088072611398.htm)

Reading those documents make me glad I don't play the game.
« Last Edit: December 10, 2008, 10:50:50 pm by ezknight.okceca »
--
E. Zachary Knight
Divine Knight Gaming

Offline Furyswrath

  • Administrator
  • OKgamer fo' life
  • *****
  • Posts: 3101
  • Gender: Male
    • View Profile
  • SEN ID: furyswrath
  • XBL ID: furyswrath
Re: WoW Private Servers. Thoughts....
« Reply #5 on: December 10, 2008, 10:52:48 pm »
I decided to read through the EULA(http://www.worldofwarcraft.com/legal/eula.html) and ToS(http://www.worldofwarcraft.com/legal/termsofuse.html) for WoW.

Section 2.G of the EULA reads:

Quote
You agree that you will not, under any circumstances:

 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; or

Ok but say your doing a local lan though?  your not really proving a service..  wait never mind i just re-read it is says  "Any connection to"  well there goes that. .LOL  in Black in White..   its illegal.

Offline ezknight.okceca

  • Business Owner
  • OKgamer Evangelist
  • ***
  • Posts: 102
  • Gender: Male
    • View Profile
    • Divine Knight Gaming
Re: WoW Private Servers. Thoughts....
« Reply #6 on: December 10, 2008, 10:59:28 pm »
I decided to read through the EULA(http://www.worldofwarcraft.com/legal/eula.html) and ToS(http://www.worldofwarcraft.com/legal/termsofuse.html) for WoW.

Section 2.G of the EULA reads:

Quote
You agree that you will not, under any circumstances:

 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; or

Ok but say your doing a local lan though?  your not really proving a service..  wait never mind i just re-read it is says  "Any connection to"  well there goes that. .LOL  in Black in White..   its illegal.


Well as I said, EULA enforcement is still a bit hazy on the legal precedent side of things. I don't think anyone has ever gone to court over this specific question.

Speaking of Court, the ToS Section 19.C says that you agree to not open a class action suit against Blizzard.
--
E. Zachary Knight
Divine Knight Gaming

Offline HxC_LAN_Center

  • Business Owner
  • OKgamer Evangelist
  • ***
  • Posts: 442
  • Gender: Male
  • "Hardcore Gaming for Hardcore Gamers" - HxC LAN
    • View Profile
    • Hardcore LAN Center
  • XBL ID: HxC LAN Center
Re: WoW Private Servers. Thoughts....
« Reply #7 on: December 11, 2008, 11:48:11 am »
You should look into how MLG does their's because they just started their PC circuit this year with WoW

DarkWraith56

  • Guest
Re: WoW Private Servers. Thoughts....
« Reply #8 on: December 11, 2008, 12:37:41 pm »
yeah but they have consent from blizzard to do that...

Offline Michael Jackson

  • OKgamer Evangelist
  • *****
  • Posts: 625
  • Gender: Male
  • PSN ID: Paxmo
    • View Profile
Re: WoW Private Servers. Thoughts....
« Reply #9 on: December 11, 2008, 01:21:50 pm »
^ Correct. 

And not only that, but with the new content out and the advent of Arena Season 5 just around the corner (Tuesday, Dec 16th) they might want to rethink the 'sandbox' servers they're using as it uses Season 2 gear/level 70s/etc...

Offline LawlTack

  • OKgamers Supporters
  • OKgamer Evangelist
  • *****
  • Posts: 254
  • Gender: Male
  • I liek vidya gaemz
    • View Profile
Re: WoW Private Servers. Thoughts....
« Reply #10 on: December 14, 2008, 09:41:03 am »
Used to play a private server for a long long time when BC came out and I didn't want to buy it. Being a GM was just oh so fun.

Played on Rebel WoW if anyone happened to play there as well by chance.