Private server legality

WoW Classic WoW Classic General Discussion
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I got into a stupid argument about the private classic servers and their legality. Now I want to know are they actually illegal? How so? I figure there’s something in the EULA I could point to and prove that your not allowed to start up your own server, I just don’t know where.

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They’re illegal because they’re software piracy. No amount of purchasing the WoW client confers ownership on WoW server software.

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That’s kinda what I figured. They don’t provide server software therefore using server software is illegal. Is there anything I can point at to PROVE this though? Not trying to be difficult, I just figure there’s something that says this.

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Probably. I don’t have a link to it or anything though, I’ve never actually needed to prove it.

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Hosting a private server is copyright infringement.

Playing on a private server is against the Blizzard EULA, but it is not against any sort of laws.

We bought the client and we’re able to do whatever we want to the files on our computers but like Aryx said: We didn’t buy the server software.

Which that is just basic copyright law. It doesn’t need to be in the EULA because it’s not a document we need to agree to. It’s just the law.

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There can be a whole argument about “abandonware” and whether , or at what point, a constantly patched product eventually ceases to be the same product as the original. Can we really say that WoW patch 1.12 is the same game as WoW patch 8.1? Particularly since not even the zones are the same in EK and Kalimdor.

It’s an interesting topic, imo, especially with how wide-spread the SaaS model has become.

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Far as I know, it’s illegal, but not like…stealing from a store illegal, unless you’re hosting a server and making money off it.

That said, I only tried private servers once over 10 years ago, and haven’t returned since due to this. I try to stay on the safe side of things, and the fact that my character on a private server could easily be lost, the desire to play wasn’t there anyway.

Not that anyone asked for my story. :stuck_out_tongue:

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I am not supporting the private servers, but in theory they’re not actually piracy at all because 100% of what they are is a similar product to something Blizzard built 14 years ago, but never actually sold retail.

Now see, this sounds odd but it’s true.

What they are doing is actually giving the private server players a place to connect their genuine vanilla blizzard purchased client.

So in reality, the end user is breaking the flakey licence agreement that says something to the effect that you will only play on blizzard hosted servers.

I am no lawyer, and this is not legal advice, just an observation of what I see from my side of it.

9

So much disinformation.

It is actually perfectly legal to host a server as long as a few criteria are met, those are namely:

  1. The emulation software used wasn’t obtained from the company through a leak or theft. This point is moot since it has never happened and emulators are open source projects made from scratch.

  2. The server doesn’t distribute game’s client directly. This is also moot since no server offers direct downloads of those.

  3. The project isn’t being openly monetized, this falls into making money off registered IP. This is where many servers fail and is a grey area because payments are taken as “donations” and rewards given as “signs of gratitude”.

Though, regardless of those, and even if your server is perfectly legal, a few individuals can’t afford the legal battle against a corporation like Activision, and wouldn’t take that risk anyway.
This is why Nostalrius was shut down (Blizzard also probably poached some members though).
The same reason applies to the fact that there are dozen of servers which have been operating for a very long time, even a big one with open monetization schemes actually making a small fortune.

Blizzard rarely went against private servers unless they had a message to convey or something to gain.

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There are actually a few who do. Though to be fair, they’re also the ones breaking #3.

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It’s illegal for being stolen software and stolen IP likeness and all that stuff. However since it’s a service that’s no longer available then some contest it’s in murky water. I personally don’t care unless the original owners supply the product. Basically once blizz brings out classic I’m against them.

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You’re right, it was a stupid argument. Because it depends.

You literally need to contact an IP lawyer in the specific jurisdiction you would intend to host one to obtain advice pertaining to an individual situation.

Even under circumstances and jurisdictions where it is illegal, there may be fair arguments against Blizzard offering no acceptable alternative, so therefore there is little to no damages. There’s also the argument of historical significance etc.

Private servers are becoming increasingly popular, and it’s a market (and liability) that Blizzard has identified, hence Classic. However, it’s also important to note that Blizzard are not re-releasing vanilla, they are releasing a rebuilt substitute called ‘Classic’ which in many ways will not be identical.

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Private servers do the same thing (they release rebuilt/emulated substitutes). Just to make that clear.

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Everyone is an attorney on Sunday. :grin:

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:scream:

:baby_symbol:

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Exactly.

Classic won’t be 100% accurate to vanilla, just as private servers aren’t. But at least certain private server projects are continually striving within their power for complete accuracy, even if they may not ever achieve it. They do however have one huge advantage over Classic, they use the original vanilla client.

Blizzard are just settling for a substitute, despite their ability to release the original product as it was.

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Depends on what country you’re in. :stuck_out_tongue:

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The most popular emulation software, Massive Network Game Object Server (MaNGOS) Suite, and it’s respective forks, addons and databases are not property of Activision-Blizzard or any of it’s subsidiaries.

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I think same argument can be used here as in Blizzard vs MMOGlider.

https:// en. wikipedia .org/wiki/MDY_Industries,_LLC_v._Blizzard_Entertainment,_Inc.#Opinion_of_the_District_Court

The Court agreed with Blizzard’s arguments that WoW purchasers were not legal owners of the game software but instead licensees. As licensees, players are required to make use of the software within the scope of the End User License Agreement. In the terms of that agreement, Blizzard specifically prohibited “the use of bots or third-party software to modify the WoW experience.”[[1]](https:// en. wikipedia. org/wiki/MDY_Industries,_LLC_v._Blizzard_Entertainment,_Inc.#cite_note-courtorder-1) Thus, the Court found that players who use the Glider program violated the TOU and were not licensed to use WoW.

It’s the same, but instead of third party BOT you have third part server