Something something dead horse...
Contribute constructively
Something something dead horse...
Contribute constructively
Last edited by Darsithis; 2016-09-30 at 07:00 PM.
Yes and no. A patent on software isn't the code per say, but the process you produce with the code.
You cant sue someone because they used a statement like
For Each(string s in MyBatch[]){
ValidateInput(s);
}
Simply because you used the same naming conventions and method/function names. You have to prove that your documented patented process was copied. Believe me, Blizzard has the code for every version and every patch ever released for wow. The real question is, do they have the server and infrastructure to handle those old versions because the process has evolved so much in the past 10 years.
No, they don't have all the code. They went into that specifically when they capped the meeting with the Nost team. They didn't have the tools around back then to archive all of the versions they had - so things like mob health, weapon values, all of that is gone. The Nost team watched YouTube videos and guessed at the numbers and the actual math behind everything - which Blizz also said was wrong, but got to a ballpark number - and that they'd have to redo the entire game from scratch, numbers-wise. Anything data-base related to the game from legacy, they do not have complete records of, and while they didn't talk about maps and art and terrain, it wouldn't be surprising to know some of that was lost, too, or edited in ways, with no original files to fall back to. They addressed this specifically, why you still maintain this myth is beyond me.
The code, the engine, the compiled source is 100% backed up at blizzard. What they dont have are database values of things like health, and system statistics, or any dynamic or variable change in the system. And why would they keep that? That makes no sense, they dont put those versions into production. The code and the data are two completely different things, its not even debatable.
So yes, they do have all the code for every version of World of Warcraft. Data is not code. I've been a software engineer for 20+ years so im pretty sure I know the difference between C++ and SQL/Oracle data tables.
By name only.
So I can call Vanilla and chocolate the same, despite different flavors?It does not matter what version or flavor it is.
You won't see them in court because the people who host private servers don't make any money off this, and are likely broke.That is why you'll never see any of these private servers try and go to court. The courts won't care that 'Vanilla' wow does not exist as it used to.
Can you pirate missing data? What part of these private servers is illegal? I'm assuming the private servers are running their own code and data, and nothing directly from Blizzard.
Actually, almost all private servers operate as for-profit enterprises. When Blizzard took WoWscape's owner to court she had over three million dollars in her Paypal account. Most high-profile servers either take money in or operate cash shops. Nostalrius was the lone exception in large servers running in the modern era to not be powered by cash shops, and it's quite likely they were just building brand awareness before monetizing themselves. They did take donations in secret, mind you, they just didn't openly advertise they were doing so.
SOMEONE made money from those donations, the company that hosted the servers. And there are plenty of private servers that go after and get money from people. Stop acting like all private servers are doing it for the people to bring Vanilla WoW to the masses from the benevolence of their hearts. Some people ARE after money. Nost may not have been but someone made money from it (the people hosting the servers).
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Thank you for pointing this out, some people love to gloss over the money making aspect of many private servers. It was likely the change to the donation system that likely got Nost caught. The main thing was just the attention the server was getting from word of mouth, twitch streamers and youtubers. Get THAT noticed and bad things were likely to happen.
A better question would be what part is legal, and I'm fairly sure the answer is absolutely none of it.What part of these private servers is illegal?
First of all, the emulator cores used by every WoW private realm require copyrighted Blizzard data to function, extracted from the client's .mpq files. The reason the WoW emulators are not illegal is that they do not host these files themselves, they just host tools to extract this data from the client, similar to Playstation emulation required a BIOS it would be illegal to distribute. Ripped data includes stuff like line-of-sight implementation, graveyard locations, achievement systems, collision detection, and many other functions. So any server where you can actually play WoW is using copyrighted material from the client. Not to mention stuff like the entire game text for NPC dialogue and such which has to be imported and is copyrighted.
But this is all secondary, because Blizzard already has legal precedent for something much broader and stronger to attack private realms with. In the WoWscape judgment, the court ruled that it was a violation of copyright for private realms to exist at all, because the only legal way to play World of Warcraft is through the official servers. It wouldn't even matter if the emulator cores switched to a method of development whereby all the copyrighted data was reverse engineered, or if people wrote non-infringing text for the NPCs and stuff. Just providing access to WoW was ruled an infringement in this case.
You sure about that? You're a Blizzard employee? And you know more than Stockton, who said they didn't have the tools to keep every bit of code, DB or not, back then?
But I know what it is, you think you have a big swinging dick because you code, and of course that means you know everything about every company, especially when it fits your agenda. Right?
Don't bother to answer, by the way, that was a rhetorical question.
The owner of copyright has the bulk of responsibility to protect their copyrights - the first step is registering your copyright with the copyright office, and in every country outside of the US you intend to do business in. You can sue without doing that, but it's a steeper slope. That's why Blizzard has "©" all over their packaging and online content, and why they sue over it.
Who decides if there's an infringement? A court of law. It's not strange, it's civil law - the government, state, Federal or otherwise, does not police for civil crime, which is why it has it's own courts and rules of law. Civil law is mostly conflict resolution, like 'Hey, that's my stuff! Don't use my stuff!" or "You broke my stuff, I want money to replace it."
the issue that would probably sink nost. et al if it ever came to an actual legal proceeding would be trademark; you might be able to construct a scenario where it's legal to operate a legacy WoW server (I highly doubt it but let's leave that aside for the moment), but you certainly cannot construct one in which it's legal to use and disseminate all of blizzard's protected marks without their permission, especially when you're essentially providing a substitute service.
It's not just copyright violations at play here, although Blizzard does have standing for it. They (pirate server hosts) are also in violation of the DMCA laws about circumnavigating DRM, in this case, Battle.net.
The whole issue whether pirated servers are legal or not has been thrown around this thread for a long time, but nobody has actually tested their theories in a court of law, which is the only and final authority. The Nost crew obviously felt they would lose in court, which props up the idea that it's illegal (as a civil crime), and they would be ruined financially in a legal fight they couldn't win. Plus, there's precedent for it, see the Scapegaming lawsuit for reference.
If you think you have a sound legal theory as to why it's legal for you to host a pirated WoW server, feel free to test that in court - it should only cost you about $50k to get started on a defense.
(I won't hold my breath)
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Irrelevant. There doesn't have to be an exchange of money for infringement to happen.
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Trademark could be an issue, but I would bet a decade's worth of WoW subs that it was'nt even mentioned in the lawsuit. Look at the older cases Blizzard has brought against infringers, it's all copyright, DMCA violations, and with Scapegaming, unjust enrichment.
well yeah; as long as the DMCA exists even the copyright claims are sort of irrelevant (other than for damages), since blizzard can forestall any third party use by including encryption mechanisms in their software. I suspect blizzard (among other companies) generally opt for copyright claims because they make it easier to establish high damage figures, as in the scapegaming case (427k users x USD$200 in damages per user is easy math), but in a world or other jurisdiction that had more reasonable copyright and encryption regulations trademark would still be grounds for a C&D at least.