are private servers for mmo games legal?

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gin_maiden

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#1 gin_maiden
Member since 2005 • 1206 Posts

hello, i was just wondering whether or not the private servers for the mmo games like WoW,linegage are legal or not

thanks for the info

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Gen-Gawl

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#2 Gen-Gawl
Member since 2004 • 3925 Posts
yeah, but nothing you do can transfer to an official server. AFAIK
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gin_maiden

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#3 gin_maiden
Member since 2005 • 1206 Posts
so they are legal?
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Agressiveimpact

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#4 Agressiveimpact
Member since 2005 • 68 Posts
look at the post VERY VERY closely you might find the word "yeah" meaning for "yes"
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Arcadius

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#5 Arcadius
Member since 2002 • 959 Posts
Well perhaps you are looking for "legal" in the criminal sense or "legal" in the civil sense of the word. Perhaps in running a private server you could be in violation with the agreement you sign with the providing company, so in that matter you are doing something illegal which is breaching a contract, but nothing criminal, although in some legal systems could be otherwise or the other way arround etc.
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BeyondItAll

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#6 BeyondItAll
Member since 2006 • 1739 Posts
Would it be legal to make your own server and charge 5 bucks for people to go to it a month :P
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darklord888

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#7 darklord888
Member since 2004 • 8382 Posts
No it's not legal. I have asked before because I wanted one.
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platinumxofhell

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#8 platinumxofhell
Member since 2004 • 252 Posts
Well Ncsoft supplied the Server client as well as many other developers.... You just can't make money from it.
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BloodMist

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#9 BloodMist
Member since 2002 • 32964 Posts
Well Ncsoft supplied the Server client as well as many other developers.... You just can't make money from it.platinumxofhell
Y'know, i think NCSoft may be an exception to the rule, since they don't seem to mind.All the other MMO's seem to legally prevent you from doing this in the EULA's.But, i've never really researched it much, so i could be wrong.But yeah NCSoft, with their Lineage 1 and 2 heritage, seems to actually support it, because more Koreans will buy more copies that way.
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mhder

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#10 mhder
Member since 2005 • 1071 Posts
Actually it is copyright infringement whether you charge money, make donations, or free. There have been numerious cases where people have gotten sentences and even raided by the FBI. Even in China, people were fined/jailed for the private servers. Cracking down on them, finding them and presenting the case is a huge cost but they could come after you at any time.
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AskanTale

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#11 AskanTale
Member since 2007 • 182 Posts

it is ilegal dammit.

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Royas

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#12 Royas
Member since 2002 • 1448 Posts

It depends on the game, actually. Most companies do not allow private servers under any circumstances, and it's a violation of the EULA as well as copyright to put one up. Blizzard and Sony have both shut down any private servers they come across, do some Google searches, or news searches here on Gamespot, and you'll have no trouble finding references to that.

If a company releases the server code, and explicitly gives permission to run private servers (and by that, I mean the outright say to go ahead and do it, not that they hint around it), then you are in the clear, have fun. If they don't give that permission, it doesn't matter if you are charging money or not, you are definitely in the wrong in civil law (they can sue you) and may be in the wrong criminally (you can be arrested and fined/jailed). So, be very damned careful in this area, it can cost you if you are wrong.

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GeryGo

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#13 GeryGo  Moderator
Member since 2006 • 12810 Posts

hello, i was just wondering whether or not the private servers for the mmo games like WoW,linegage are legal or not

thanks for the info

gin_maiden

legal!!!!! end of story.

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inyuashu

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#14 inyuashu
Member since 2007 • 2536 Posts
It's legal
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RK-Mara

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#15 RK-Mara
Member since 2006 • 11489 Posts

It depends on the game, actually. Most companies do not allow private servers under any circumstances, and it's a violation of the EULA as well as copyright to put one up. Blizzard and Sony have both shut down any private servers they come across, do some Google searches, or news searches here on Gamespot, and you'll have no trouble finding references to that.

If a company releases the server code, and explicitly gives permission to run private servers (and by that, I mean the outright say to go ahead and do it, not that they hint around it), then you are in the clear, have fun. If they don't give that permission, it doesn't matter if you are charging money or not, you are definitely in the wrong in civil law (they can sue you) and may be in the wrong criminally (you can be arrested and fined/jailed). So, be very damned careful in this area, it can cost you if you are wrong.

Royas

Aye. For example in Ultima Online private servers are legal as long as they are free.

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Deihmos

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#16 Deihmos
Member since 2007 • 7819 Posts
WOW do now allow private servers so i would say yes it's illegal.
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Royas

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#17 Royas
Member since 2002 • 1448 Posts
[QUOTE="gin_maiden"]

hello, i was just wondering whether or not the private servers for the mmo games like WoW,linegage are legal or not

thanks for the info

PredatorRules

legal!!!!! end of story.

Simplistic and not entirely accurate. Sometimes legal, most often not. I'm not theorizing here, it's a fact of law. If it were legal, Blizzard would never have been able to shut down the alternate Battlenet project. Sony/Verant/whoever would not have been able to shut down unauthorized Everquest servers. It's like any other IP, you have to get permission, explicit permission, from the owner to use it outside of the scope of Fair Use. And that, unlike your little comment, really is the end of the story.

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frizzyman0292

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#18 frizzyman0292
Member since 2007 • 2855 Posts

it is ilegal dammit.

AskanTale
Yeh it sucks doen't it.
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GeryGo

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#19 GeryGo  Moderator
Member since 2006 • 12810 Posts
[QUOTE="PredatorRules"][QUOTE="gin_maiden"]

hello, i was just wondering whether or not the private servers for the mmo games like WoW,linegage are legal or not

thanks for the info

Royas

legal!!!!! end of story.

Simplistic and not entirely accurate. Sometimes legal, most often not. I'm not theorizing here, it's a fact of law. If it were legal, Blizzard would never have been able to shut down the alternate Battlenet project. Sony/Verant/whoever would not have been able to shut down unauthorized Everquest servers. It's like any other IP, you have to get permission, explicit permission, from the owner to use it outside of the scope of Fair Use. And that, unlike your little comment, really is the end of the story.

if private servers wouldn't be allowed trust me - they'd been shut down long time ago

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Royas

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#20 Royas
Member since 2002 • 1448 Posts
[QUOTE="Royas"][QUOTE="PredatorRules"][QUOTE="gin_maiden"]

hello, i was just wondering whether or not the private servers for the mmo games like WoW,linegage are legal or not

thanks for the info

PredatorRules

legal!!!!! end of story.

Simplistic and not entirely accurate. Sometimes legal, most often not. I'm not theorizing here, it's a fact of law. If it were legal, Blizzard would never have been able to shut down the alternate Battlenet project. Sony/Verant/whoever would not have been able to shut down unauthorized Everquest servers. It's like any other IP, you have to get permission, explicit permission, from the owner to use it outside of the scope of Fair Use. And that, unlike your little comment, really is the end of the story.

if private servers wouldn't be allowed trust me - they'd been shut down long time ago

And as they are found, they get shut down if the owners of the games want to, as I said before. Blizzard and Sony have both shut down private servers as they pop up. Hell, Blizzard shut down that whole private Battlenet project, and that isn't even a moneymaker for them, being that it's free. So, again I say, generally illegal.

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Mactivi

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#21 Mactivi
Member since 2007 • 25 Posts

oh.....guys

It's absolutely illegal lol

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CrapmaPants

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#22 CrapmaPants
Member since 2003 • 157 Posts
[QUOTE="Royas"][QUOTE="PredatorRules"][QUOTE="gin_maiden"]

hello, i was just wondering whether or not the private servers for the mmo games like WoW,linegage are legal or not

thanks for the info

PredatorRules

legal!!!!! end of story.

Simplistic and not entirely accurate. Sometimes legal, most often not. I'm not theorizing here, it's a fact of law. If it were legal, Blizzard would never have been able to shut down the alternate Battlenet project. Sony/Verant/whoever would not have been able to shut down unauthorized Everquest servers. It's like any other IP, you have to get permission, explicit permission, from the owner to use it outside of the scope of Fair Use. And that, unlike your little comment, really is the end of the story.

if private servers wouldn't be allowed trust me - they'd been shut down long time ago

Yes cause in every single case these companies can just snap their fingers and the FBI would be at the owner of the private server's house to arrest them and confiscate their server as evidence. Don't be so naive, in most cases these game companies can't do anything about these private servers. For example, all these Bittorrent and Rapidshare link websites that allow you to download games, apps, operating systems, or anything for free. There are so many that they just can't shut them all down at will, they do of course go after the big ones like Torrentspy and Isohunt. But still the U.S. government can't do anything about these websites because they aren't violating any laws in their countries.

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CrapmaPants

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#23 CrapmaPants
Member since 2003 • 157 Posts
Oh, and one last thing, just cause it's illegal doesn't mean you'll get caught.
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the_bi99man

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#24 the_bi99man
Member since 2004 • 11465 Posts
My friend made a private WoW server that anyone who knows his IP address can tap in to (if they make an account on his server, which is free), and we mess around with every once in a while. He still plays WoW on the official server and pays for an account, but we like playing on his private server because he has admin powers... which kicks ass. But no, I don't believe it is legal.
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WestleyViau

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#25 WestleyViau
Member since 2006 • 138 Posts
Legal, 100% legal especially on WoW !!
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Hondo189

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#26 Hondo189
Member since 2005 • 272 Posts

Oh, and one last thing, just cause it's illegal doesn't mean you'll get caught.CrapmaPants

And this mentality could very well topple what we call civilization.........

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valten99

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#27 valten99
Member since 2005 • 25 Posts
in blizzard and sony's cases yes but as far as ncsoft goes as i see it the only reason why l2extreme was shutdown was because they hacked the lineage II server and directly downloaded ncsofts l2 version directly from their server. There are quite a few private l2 servers still running but they use software that was from what i was told that was put out by ncsoft for private server use but its always an older version of what they are running now most servers run the c4 and at the current moment ncsoft live servers run interlude which is 2 versions ahead of c4 and if u look at servers trying to run current versions they are usually an l2j server which is a legal emulator.
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JeffreyCor

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#28 JeffreyCor
Member since 2004 • 149 Posts

No it is not illegal so long as: A) no code is copied from "official" servers B) the client software is legally purchased from users and not provided by other means C) there is no profits made from the operation.

The FBI has no jurisdiction on this if conditions are met as there is no statutory violation of federal law. Additionally, it has been ruled that the EULA is not enforceable as a contract as such have been peremptory violated by the companies themselves via their distribution sources. Therefor, private servers are in fact legal.

The question on servers being shut down is simply by the threat of legal action in civil court. There does not need to be fault in order to pursue a cause of action. As a result of this the companies with the money have more then enough to throw away some in order to pursue their agenda. Private servers, being voluntary and not for profit, do not have the financial backing to defend against this and as such close down.

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CrapmaPants

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#29 CrapmaPants
Member since 2003 • 157 Posts
Just cause it's the law, doesn't mean it's right.
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LouieV13

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#30 LouieV13
Member since 2005 • 7604 Posts
why isnt this locked... my topic on the same topic got locked awile ago thats stupid...
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Hondo189

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#31 Hondo189
Member since 2005 • 272 Posts

why isnt this locked... my topic on the same topic got locked awile ago thats stupid...LouieV13

The mods hate you, on another note like previous people ahve said: it depends on the company and what sort of aggreement you agreed to when you installed the game, plus why would you want to play on a private server, can't be that much cheaper can it?

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Sp33chM4n

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#32 Sp33chM4n
Member since 2007 • 498 Posts

Lazy me once again, I didn't have the interest to read through all the posts.

Private server in most cases (this includes also UO even someone here posted otherwise) is that you are allowed to setup a private server, the EULA can't forbid that, but yopu are not allowed to let anyone else in them. In other words it is a private server for you and just for you, if it becomes something else, then it's illegal.

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Zarachas

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#33 Zarachas
Member since 2005 • 339 Posts
I think it depends on where u live.. And i dont think it illegale to make an own server if u like use it to play with your closes 5 friends... But well im not sure..
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xbroesslerx

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#34 xbroesslerx
Member since 2005 • 71 Posts

And i don't think it illegal to make an own server if u like use it to play with your closes 5 friends...Zarachas

Right, because 6 or more friends, and it's illegal... Makes a lot of sense...

Anyways, if Private servers ARE legal, why does anyone pay for Blizzard's WoW servers then? We can all just use private ones and save money? Doesn't make sense...

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Sp33chM4n

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#35 Sp33chM4n
Member since 2007 • 498 Posts

Quote from here http://en.wikipedia.org/wiki/Ultima_Online_shard_emulation

"Operating or playing on an emulated server is in violation of the Ultima Onlineterms of service (see below), and as such, anybody caught doing so faces the possibility of his or her Electronic Arts account being suspended or permanently banned. However, due to ambiguity in the law relating to whether or not operating or playing on an emulated server is an actual crime, little has been attempted on behalf of Electronic Arts in response to players doing either activity[3]. The creators of other games, such as World of Warcraft, Diablo 2 (Battle.net) and EverQuest, on the other hand, have had some success in shutting down emulated servers and have been actively doing so[4][5]."

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LouieV13

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#36 LouieV13
Member since 2005 • 7604 Posts

[QUOTE="LouieV13"]why isnt this locked... my topic on the same topic got locked awile ago thats stupid...Hondo189

The mods hate you, on another note like previous people ahve said: it depends on the company and what sort of aggreement you agreed to when you installed the game, plus why would you want to play on a private server, can't be that much cheaper can it?

They sure do lol I get suspeded for the stupidest reasons... one time it was for calling someone lame...