snawfu wrote:hey look its a theloras post : D
maybe you should make your own private server and fix these bugs and then be #1 dps retri paladin on the server there, actually take killerDooky with you he can be the tank
I forgot to reply to this yesterday - while on face value your attempt at trolling me is funny, I actually did look into starting up a private server back in 2014.
My idea was that while it would have a shop for players to purchase items, profits would be donated to charity in the hope that this might placate Blizzard from coming after me with either a DMCA shutdown order or a Cease and Desist.
I even went ahead and had a legal opinion drawn up to explore the possibility but regardless of profits going to charity, such a venture would be indeed a clear breech of copyright and since I live in Canada, I would be vulnerable to being sued by Blizzard:
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What you are proposing to do would involve a clear breach of contract, a violation of Canadian copyright law, and likely trade-mark infringement. Your intention to direct the proceeds to a charity is of no consequence.
Penalties for copyright infringement include civil and criminal sanctions pursuant to the Copyright Act. Breach of contract and trade-mark infringement would expose you to claims for damages and possibly injunctive relief. Though we cannot advise on US law, we suspect that your proposed actions may also expose you to civil and criminal sanctions in the United States and we are aware of similar circumstances in which foreign judgements for copyright infringement were successfully enforced in Canada.
DiscussionYou asked that we consider your intention to host Blizzard Entertainment, Inc.’s (“Blizzard”) World of Warcraft ("WOW") on a private server and you detailed as follows: (a) users will be directed to reconfigure the WOW Game Client to connect to a private server rather than connect to Blizzard's servers; (b) content will be copied; (c) missing functionality will be reverse engineered; (d) the game will be promoted to prospective players as a WOW private server; and (e) proceeds from the venture will be directed to a charity.
Contractual ProhibitionsThe WOW Terms of Service (“TOS”) and WOW End User License Agreement (“EULA”) expressly prohibit copying, reverse engineering, and any establishment or use of private servers. For your reference the TOS includes the following:
You agree that you will not, under any circumstances: …E. host, provide or develop matchmaking services for the Game or the Service, or intercept, emulate or redirect the communication protocols used by Blizzard in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
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;…
The EULA includes the following:You agree that you will not, under any circumstances:
A. in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game; provided, however, that you may make one (1) copy of the Game Client and the manuals that accompany it for archival purposes only;…
F. host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Blizzard in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
G. 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;…
Blizzard even takes the precaution of addressing emulation servers specifically in its World of Warcraft "Legal Facts" Q & A in which it states: Blizzard Entertainment® does not support or condone network play of its games anywhere but Battle.net®. Specifically, you may not host or provide matchmaking services for any of our games or emulate or redirect the communication protocols used by Blizzard Entertainment® in the network feature of its games, through protocol emulation, tunneling, modifying or adding components to the game(s), use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks without the prior written consent of Blizzard Entertainment®
Trade-mark InfringementWorld of Warcraft is a registered trademark of Blizzard. Thus, any use of the trade-mark, or a confusingly similar trade-mark, in association with the sale, distribution or advertising of wares and services, would amount to a breach of the Trade-marks Act. Your plans to market the private server as a World of Warcraft private server would very likely amount to trade-mark infringement.
Copyright InfringementTo establish a claim of copyright infringement a plaintiff must prove that the defendant has taken a substantial part of a copyrighted work and that the copyrighted work was the source from which the allegedly infringing work was derived. There seems no doubt that your plans involve the reproduction of a substantial portion of WOW and that WOW is the source from which you will derive the infringing work.
As mentioned, penalties for copyright infringement include civil and criminal sanctions. While we see no need to exhaustively review the remedies which may be available to Blizzard pursuant to a breach of copyright under Canadian law, we thought it may be helpful to conclude our analysis by drawing your attention to section 42 of the Copyright Act which provides as follows with respect to criminal sanctions:
Every person who knowingly(a) makes for sale or rental an infringing copy of a work or other subject-matter in which copyright subsists,
(b) sells or rents out, or by way of trade exposes or offers for sale or rental, an infringing copy of a work or other subject-matter in which copyright subsists,
(c) distributes infringing copies of a work or other subject-matter in which copyright subsists, either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright,
(d) by way of trade exhibits in public an infringing copy of a work or other subject-matter in which copyright subsists, or
(e) imports for sale or rental into Canada any infringing copy of a work or other subject-matter in which copyright subsists
is guilty of an offence and liable
(f) on summary conviction, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding six months or to both, or
(g) on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or to both.