L2J Server

Sdw wrote:

Tessa wrote:

Aikimaniac wrote:L2J started to exist and being developed when there was not in EULA any part which mentioned server emulation or anything that concerns L2J. There is in US law such thing as Grandfather clause.

Does it include the case when a newer version of the game is being released?
For example: You building an Interlude server and there is nothing about emulation in the ToS, but later they make H5 and they update the ToS too... so, does it means that, you can update the server to H5, because you've started when there was nothing about emulation in the ToS on Interlude?

I've read some really old one (hope they were not crafted or something as I do not have a real client to try it out) but there was something like :

By signing this contract, you also agree to every change in future versions of it.
Oh yes, and EULAs are subject to change without notice

But as it has been said before. Breaking EULA or ToS is not a crime. The only thing they can do against EULA/ToS breakers is to stop providing service for them. (e. g. ban their accounts/in-game characters)

lord_rex wrote: But as it has been said before. Breaking EULA or ToS is not a crime. The only thing they can do against EULA/ToS breakers is to stop providing service for them. (e. g. ban their accounts/in-game characters)

But it's still a violation, and it's enough for DMCA takedown notice, so service providers such as GitHub can do nothing more than what they did in this case.

If I accepted EULA years ago and I am to obey any future versions of it, what happens if in future EULA they put a statement that I am obliged to pay, lets say 10 dollars a month for the time I played the game? I mean, they can put in the EULA that I have to commit a satanic ritual before starting the game, does that mean that I should do whatever its said in the future versions? It sounds really stupid...

Tessa wrote:But it's still a violation, and it's enough for DMCA takedown notice, so service providers such as GitHub can do nothing more than what they did in this case.

Shit man, what are you smoking? That stuff must be good as hell…

Nik wrote:If I accepted EULA years ago and I am to obey any future versions of it, what happens if in future EULA they put a statement that I am obliged to pay, lets say 10 dollars a month for the time I played the game? I mean, they can put in the EULA that I have to commit a satanic ritual before starting the game, does that mean that I should do whatever its said in the future versions? It sounds really stupid...

No, you have to accept this clause first...
If you don't, you should quit the game. ^^

SaveGame wrote:

Tessa wrote:But it's still a violation, and it's enough for DMCA takedown notice, so service providers such as GitHub can do nothing more than what they did in this case.

Shit man, what are you smoking? That stuff must be good as hell…

Nothing, I'm objective.

It's a end user licence agreement to use their services

Tessa wrote:Nothing, I'm objective.

SaveGame wrote: A legally binding agreement cannot issue fines or other restrictions to any associated party that are completely unrelated to, in layman's terms "what the agreement is actually about".
[…]
That's why if you break the EULA, the worst thing can happen is that all your accounts are permanently suspended and you are prohibited from creating new ones. Nothing else.

As for l2jserver/l2jdp, we are talking "unauthorized derivative works" here, even though NC will always try to push that "illicit RE" bullshit as if it was an undeniable fact (it isn't).

It's the global copyright laws that allow DMCA takedown notices (see: derivative work), not EULA for a very specific service.

Sdw wrote:It's a end user licence agreement to use their services

Exactly my point.

My question is, L2J has agreed on EULA when emulation wasn't forbidden, and didn't agree on any future EULA "in order to use their services". Whats the case here? The new EULA is automatically applied or not?

SaveGame wrote:

Tessa wrote:Nothing, I'm objective.

SaveGame wrote: A legally binding agreement cannot issue fines or other restrictions to any associated party that are completely unrelated to, in layman's terms "what the agreement is actually about".
[…]
That's why if you break the EULA, the worst thing can happen is that all your accounts are permanently suspended and you are prohibited from creating new ones. Nothing else.

As for l2jserver/l2jdp, we are talking "unauthorized derivative works" here, even though NC will always try to push that "illicit RE" bullshit as if it was an undeniable fact (it isn't).

It's the global copyright laws that allow DMCA takedown notices (see: derivative work), not EULA for a very specific service.

Sdw wrote:It's a end user licence agreement to use their services

Exactly my point.

I don't say it's for specific service, GitHub was just an example...

Nik wrote:My question is, L2J has agreed on EULA when emulation wasn't forbidden, and didn't agree on any future EULA "in order to use their services". Whats the case here? The new EULA is automatically applied or not?

It applies, just because on HighFive the EULA was already changed. Don't know the exact date this was added.

Tessa wrote:

SaveGame wrote:

Tessa wrote:Nothing, I'm objective.

SaveGame wrote: A legally binding agreement cannot issue fines or other restrictions to any associated party that are completely unrelated to, in layman's terms "what the agreement is actually about".
[…]
That's why if you break the EULA, the worst thing can happen is that all your accounts are permanently suspended and you are prohibited from creating new ones. Nothing else.

As for l2jserver/l2jdp, we are talking "unauthorized derivative works" here, even though NC will always try to push that "illicit RE" bullshit as if it was an undeniable fact (it isn't).

It's the global copyright laws that allow DMCA takedown notices (see: derivative work), not EULA for a very specific service.

Sdw wrote:It's a end user licence agreement to use their services

Exactly my point.

I don't say it's for specific service, GitHub was just an example...

NCZ0ft EULA only applies to Lineage II, not GitHub. Shit man, where do you buy that stuff?

SaveGame wrote: NCZ0ft EULA only applies to Lineage II, not GitHub. Shit man, where do you buy that stuff?

You probably have some issues...
If I run a company like GitHub, and NCZ0ft come to me claiming that you are in violation of their EULA, I will shut you down the same way GitHub did. ^^

Tessa wrote:

SaveGame wrote: NCZ0ft EULA only applies to Lineage II, not GitHub. Shit man, where do you buy that stuff?

You probably have some issues...
If I run a company like GitHub, and NCZ0ft come to me claiming that you are in violation of their EULA, I will shut you down the same way GitHub did. ^^

Except GitHub doesn't even know about such an EULA, nor would they even care. EULA is a 2 party agreement, and thus GitHub has no part to play in how the EULA is enforced.

Please read the takedown notice:

The copyrights at issue are the copyrights in the proprietary game software code (specifically, the server-side code) which allow users to access and play the Games via the NCZ0ft server;
The Infringing Code is being displayed and altered on GitHub.com without the consent or authorization of NCZ0ft

As I said, "copyright laws" and "unauthorized derivative works". No mention of any EULAs anywhere, not even the EULA you sign when creating a GitHub account.

C'mon dude, everyone who read your replies knows you're high af, so why not just share where you get the stuff. This forum is DEA free zone, by the way.

SaveGame wrote:

Tessa wrote:

SaveGame wrote: NCZ0ft EULA only applies to Lineage II, not GitHub. Shit man, where do you buy that stuff?

You probably have some issues...
If I run a company like GitHub, and NCZ0ft come to me claiming that you are in violation of their EULA, I will shut you down the same way GitHub did. ^^

Except GitHub doesn't even know about such an EULA, nor would they even care. EULA is a 2 party agreement, and thus GitHub has no part to play in how the EULA is enforced.

Please read the takedown notice:

The copyrights at issue are the copyrights in the proprietary game software code (specifically, the server-side code) which allow users to access and play the Games via the NCZ0ft server;
The Infringing Code is being displayed and altered on GitHub.com without the consent or authorization of NCZ0ft

As I said, "copyright laws" and "unauthorized derivative works". No mention of any EULAs anywhere, not even the EULA you sign when creating a GitHub account.

C'mon dude, everyone who read your replies knows you're high af, so why not just share where you get the stuff. This forum is DEA free zone, by the way.

Oh, then you have nothing to do on GitHub anymore. ^^
I didn't read the whole notice, tbh...