PrivateServers Are ILLEGAL
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Location: Elmira, USA
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Written by Ynarakit on May 31 2008
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O_O my topic was deleted on basil for some reason "glitched" so ill just repost it here... originally: link
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Some people claim private servers are not illegal and whatnot...I decided id get the official answer from Nexon themselves.
Posted this during the night so no one seen it and it died fast XD oops remind me not to post topics at night o-o;
Some people know the following things, and some seem to think that its a big joke. Whats to joke about?
I for one want to protect the copyright laws since i own several things protected by them. I wouldnt want someone stealing, copying, or tunneling any of my things so im pretty sure nexon wouldnt want that either, nor Wizet whome designed the game.

Ticket submitted 05/23/2008 08:07:27 PM, Answered 05/23/2008 08:47:20 PM

SS: link

Customer Support Ticket said: "
Greetings,

Thank you for contacting Nexon America's Customer Support team.

Private Servers are not owned nor endorsed by Nexon. Any and all Private Servers maintained are an infringement on our Copyrighted properties and should be reported immediately. We strongly advise players to avoid using private servers, as we will not be able to provide any support nor protect you against identity theft.

For example, it is possible that certain Private Servers may be phishing websites in disguise, logging your password information.

Thank you for taking the time to ask this question. For your own safety, we advise you to avoid Private Servers.

Sincerely,

GM Talia
Nexon America, Inc.
"


Quotes From the Terms Of Service


Transmit: (i) any content that is unlawful, harassing, vulgar, obscene, hateful, fraudulent, threatening, abusive, libelous, defamatory, obscene, sexually explicit, or racially, ethnically or otherwise objectionable, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (ii) any content that infringes our or any third party's intellectual property or other rights, or that you otherwise do not have permission to transmit; (iii) any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; (iv) any material, non-public information about companies without the authorization to do so; (v) any trade secret of any third party; or (vi) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
~Download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information contained in the Service except as expressly authorized by this Agreement; (note: agreement allows u to use images, ss's, and stuff but not to be reused like...in private servers ;D )
~Host, provide matchmaking services for, or emulate or redirect the communications protocols used by us (or our designees) as part of the Service, including, without limitation, by protocol emulation, tunneling, reverse engineering, modifying the Software or using a utility program to host the Software;
~Reverse engineer, decompile or disassemble all or any portion of the Service, Cash Items or Software;
(note: reverse engineering is a technique creators of private servers for games such as wow try to use to get around the copyright laws. however if the tos and/or EULA states that it isnt allowed directly, then it becomes illegal and they cannot get around it)


Digital Millennium Copyright Act of 1998


Nexon is also covered by this act a quick summary of it as taken from link ;

The Digital Millennium Copyright Act (DMCA) is a United States copyright law. The act criminalizes production and dissemination of technology that can circumvent measures taken to protect copyright, not merely infringement of copyright itself, and heightens the penalties for copyright infringement on the Internet. Passed on May 14, 1998 by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended title 17 of the US Code to extend the reach of copyright, while limiting the liability of Online Providers from copyright infringement by their users


link
link


so basically, Private Servers are against the law. You can not get into trouble by simply playing them but the creators can. Some companys of games have and will ban any users that they find whome have played a private server(ip logging)

Habbo Hotel, WoW, and Final Fantasy are 3 games where the company has already sued alot of people for making private servers and alot of the users who were found playing them were also banned. FinalFantasy Online is well known for banning hundreds to thousands of players for supporting the use of such servers and they sued many people over copyright infringment.


And now a quote from GM "Hime" she said to the pple who dont think its illegal;
Hime said: "Wow... I suggest you read up on laws regarding Intellectual Property. "


*puts up flame shield*

Of course its illegal. Doesn't mean nexon will do something


However, people also seem to believe that Nexon is money hungry...If that is the case then all the more reason to do something about it am i correct?
So if they DONT do something about them, that also proves that nexon isnt as money hungry as people say.

Besides, Push them hard enough and im sure their will be some consequence =)

"They cant stop it theres already to many of them. Even if they sued all of them they would come back eventually."


I bet the people who created PrivateServers for NCSoft games also thought the same...until they were sued $250,000 and given a 5 year jail sentance.
Would you really risk ruining your records and being sued that much just to create a server that you get no profit for? Would you really go to jail 5 years, get out and repeat it all over again? especially knowing your being watched from then on? Just for a game?
Same goes the the people who got sued by Saluke just for creating servers for habbo hotel or just creating simple CMS style website that goes against their copyright act. (and habbo hotel isnt as big as WoW and such and is a smaller company, yet they have as much protection over copyright as MS does, they also didnt want to sue anyone, but they were pushed to the limit)


Edit: I felt it necessary to let people know this, since so many people are debating the legality of it all. If i broke some sort of rules, im sorry but i really did not think there is anything wrong with letting people know what nexon thinks about the issue and reviewing the laws at hand.

edit: it only took me a few minutes to write, in no way has my time been wasted.

edit: Like i said, even if they wont do anything about it, that alone prooves the other point that nexon is not money hungry. if they are money hungry they would bring it up as a lawsuit so either way im still prooving something =3

thanks KWSN on Basil for providing me this source as well:

link

News

ODINMS Is being sued by Nexon!@@@@ Hurray for that!
proof: Odinms has it posted on their site. do to security, etc, i will not be posting it. look for it urself

Comments
btw this goes with the link topic o.o..Originally
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Blogs: Broa Forum
Bands: Rubber Bands



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