At a guess I would say that Blizzard's legal team would present the exact clause(s) of the contract, they would have signed in exchange for the previous legal action being stopped and their little all expenses paid visit to Irvine, that have been breached. I have little doubt that the contract would have included very specific clauses about distribution of the code, it would be up to Nost to prove that they have not breached them rather than for Blizzard to prove that they had.
Nost have dodged a bullet, which would have lead to bankruptcy, if any of them has any sort of intention to re-open Nost they seriously need their head looking at.
I obviously don't know all the details, but I am not sure how one can make a contract which would make you liable for things that are evidently outside your control. I have little doubt that only a small portion of the team have signed the contract, and it is entirely possible that those who didn't sign it had access to the code, for example.
I'm a published artist who's defended my own copyrights in court - and that includes in Europe. I know more about copyright than you do, I would guarantee it, it's my business to know. I've worked with some very knowledgeable copyright attorneys in SF and LA and London. What's your experience?
And, for the umpteenth time, Blizzard is not blocked from suing the Nost team, because of where the servers are. Here's a very simple outline of what will happen:
Nost hosts servers. For shits and giggles, we'll say in Russia.
Blizzard sued the Nost team in the countries they live in. My bet is France.
Nost then gets to defend their actions. They declined to do so the first time Blizzard threatened to do so, nothing has changed to make it more likely they'd win.
The court finds against Nost. As part of the judgement, they are ordered to cease operations of their servers, wherever they are.
Failure by Nost to do so gets them contempt charges and further penalties.
The ONLY thing Blizzard won't be able to do, if what you say it right, and it's not - is serve C&Ds to the servers in Russia. They do not need to do this, to sue the people running it.
It's really not complicated. "But Russia!" is not a defense. Period.
That guy in that video admits that what 'he heard" may not be true - he even makes sure to classify what he said is RUMOR.
IF Nostralious starts a server up in Russia, Blizzard is not going to sit there and say "Drat! Foiled! They outsmarted us!". It's not how the laws and courts work - and again, "But, Russia!' is meaningless in Blizzard's ability to sue the Nost team.
Hurry up, Blizz! Put these whining cunts out of their misery that Legacy ain't going to happen!
What contract? I don't recall Nost talking about signing any contracts - which would be required for a breech of contract suit.
As far as I'm awareof, Blizzard served the hosting they used with a C&D, and they folded immediately. I don't even know for sure if the Nost team was served, their hosting getting served was enough.
Just trying to be clear here.
Edited - just reread the announcement, they were served as well. But I don't see anything about a contract.
Last edited by Gadzooks; 2016-10-25 at 04:54 PM.
People tend to forget that, while the servers might in the future be operated in Russia, some of the guys behind Nost are US citizens, fully able to be royally buttfucked by US laws.
But go ahead and keep saying that Russia is the salvation for your thieving messiahs.
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Intelectual Propriety not owned by any of them.
This is true, and one big problem with gamers in general nowadays. Well if I recall it was replays or something, not a database? But doesn't matter, the point is true.
Hype is great, but it's dangerous. It's like conspiracy theories. It's fun and exciting, even addicting, to consider and think about the more exciting/unusual/best outcome scenarios and explanations, instead of the most likely ones. And then truth hits and the hype train collapses, and everyone who rode it is mad at someone who defenitely didn't single-handedly got them hyped.
These cryptic messages are just that: words. They *might* mean they're reopening, but they certainly might mean something entirely different. I think it's much more likely they'll just make an announcement with more details on the meetings than it is they'll reopen. If anything, it's more likely they'll release the improved open source code they worked on - having visited Blizzard and most likely signing a bunch of paperwork to do so, they are pretty much "marked", and while it's arguable wether they'd be successfully sued in X or Y circumstances, I know I wouldn't put MY neck on the line, especially just as a "hobby" and love for the game.
If you want to believe in something unlikely, believe in this: Blizzard said THEY won't make any comments on legacy in Blizzcon. They didn't say Nostalrius devs weren't going to be invited to Blizzcon to announce it
I am a guy from software dev who was involved in a few cases related to patents and licensing (in the US and Asia) and who happens to live in Russia. I am not a lawyer, but in the particular case of Russia I compensate that with having tons of experience, both personal and that of close friends / colleagues, both in suing and sued companies and in courts (my uni mate is a judge).
I would like to know what experience you have with Russia specifically. My guess is none.
On to your hypothetical example:
Some guys from Nost host servers in Russia. Blizzard sue the Nost team in France. The Nost team in France say they don't host servers in Russia. Go ahead and prove it is them. Your turn.
(Do you even know "the Nost team" is wildly international?)
ohh boy so much unknowing here.
Pls read how privat servers opperate, they dont steal "code" they work arround it with emulators and add own codes.
ANd they dont sell the shit so piracy is a WRONG word.
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They can give the project to some ivan in russia, problem solved.
How old are you that you cant figgure this out by yourself?
Show me cases of such C&Ds working.
Come on, you say it's really not complicated and period, show them.
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No, I am not saying that, I am saying that those who host new Nost might easily be partly the same team, partly new guys (plenty of enthusiasts).
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They went to close Nost, but didn't go to close Russian servers which were larger.
You know, honestly, why bother? They'll believe what they want to. I know I'm passionate about copyright, because it's a big part of my life, as a published artist, and so many here are woefully misinformed or intentionally obtuse about it. It reminds me of the 12 year olds who say things like "if it's on the internet, it's free to use!"
I think I've bashed my head against this wall enough, for now. LOL. I really should know better.