Discussion Legal Issues

[vampir]

1 minute ago, .Elfocrash said:

Country law and company copyright or company terms of service are not the same things. If you didn't pay taxes on what you made you would also be charged with tax evasion on top of shutdown from the server.

Tax evasion for using parts of shared source codes owned by nobody? You serious?

[Elfo]

a

Edited October 1, 2021 by Elfocrash

[vampir]

1 minute ago, .Elfocrash said:

I think you are confused. You can start a business on shared sources if the source license allows it (which GPLv3 does) but that doesn't mean you don't have to pay taxes on the profit. You pay taxes based on the profit depending on the country the company is made.

 

I can't believe people are so stupid on simple things like that. Maxcheaters breed a generation of so called developers who have no idea how the world works.

Where did I write that I dont have to pay taxes? I stated that tales is paying taxes for all it's income. I asked what right ncsoft has to shutdown my server

[Elfo]

a

Edited October 1, 2021 by Elfocrash

[vampir]

1 minute ago, .Elfocrash said:

You said "Tax evasion for using parts of shared source codes owned by nobody? You serious?". Pretty clear to me.

When I wrote that tales is paying taxes for donations and you stated " If you didn't pay taxes on what you made" then yes, it started to be confusing what you are actually talking about.

 

6 minutes ago, .Elfocrash said:

8. PROHIBITED AND IRREPARABLY HARMFUL ACTIVITIES CONCERNING NCSOFT

You acknowledge that You may not, without signed written consent from a legally authorized representative of NCSOFT, do any of the following:

(iv) software not provided by NCSOFT which creates or maintains any communication to the Game or Service, including but not limited to any software that emulates the Game or any part thereof as well as any server that emulates the Service or any part thereof

Now where does it say that my server can be shutdown, my company fined or whatever, for violating that? 

[Elfo]

a

Edited October 1, 2021 by Elfocrash

[Mobius]

In short.

-Hosting a server based on OFF files is not legal.

-Earning money from selling stuff without reporting it to your taxes may result to legal issues.

-Using client modifications in any way is not legal.

-Using a company's IP (Intellectual Property) without license might result to legal issues/lawsuits.

-Java servers do use reversed engineered info from retail servers, witch is not legal. (Even if as a developer you are not involved with it.)

 

People that start now getting into this game should consider these stuff.

 

My point of view for Java L2 servers ( as someone that was in the scene since day one)
I started using Java L2 servers because as a teenager, I could not afford to buy a million dollar game engine to build a game on my own

and a private server as bad as it could be, was viable because L2 was not free to play.

As the years passed I noticed that unlike other emulator projects (see WoW Mangos) the Java L2 community keeps development secrets.

Tho the creativity and "doubtful" knowledge I got from it was worth the recreation hours spend.

But at this point, as an adult, given the hours spent and that the technology to make a game is freely given on the web,

I started making a legal open source MMO server/client of my own.

You should consider doing the same as well.

[vampir]

 

12 minutes ago, .Elfocrash said:

If you violate any of that you essentially can't even defend yourself.

What is wrote in section 14 is of course true, but you should know that opening the case against somebody and actually winning it is different thing. In order for EULA to have legal consequences, it must be also criminal offense in country of company registration(south korea in that case). That's how it works in korea, if you write that player have to pay 5,000 euro for selling item for real currency, of source nc soft can open the case and try to sue that guy, but they will never win 5,000 euro because selling in game items for real currency is not criminal offense(or maybe it is now, i didn't check).

 

Now if you still didn't understand: If they want to shutdown my server becaues of violating eula, it must be criminal offense in south korea too.

 

Is it criminal offense?

Last time i checked it is not.

 

Clear?

Edited March 9, 2018 by vampir

[vampir]

Same thing applies to IP,  I wrote few posts before that the only reason that blizzard could shutdown private servers, is because law in usa is different.

[Elfo]

a

Edited October 1, 2021 by Elfocrash

[vampir]

You might be right about the first part, that it's not south korean law that would matter in that case but maybe country in which private server company is registrated or country of administrator. If that's true then it's even better, because I am pretty sure that those 2 countries it is also not a criminal offense.

 

Now about the second part I am pretty sure that you are wrong. I know cases of people who were fined for making bot programs. They were fined because it is a criminal offense in south korea and possibly other countries:

 

"The South Korean parliament has recently passed a bill entailing that manufacturing and distributing programs that are not allowed by a game company and its ToS (Terms of Service) are now illegal.

 

Aimbotters, hacking programs, scripters, and anything else of the sort are all punishable by this new law."

[Elfo]

a

Edited October 1, 2021 by Elfocrash

[tiguz]

1 hour ago, .Elfocrash said:

If you violate any of that you essentially can't even defend yourself.

 

You guys think that just because it is a ToS, everything in there is legal/or can be used in a law suit? Or just because I make a private contract with somebody saying that if the other party break any clause he is supposed to pay me with his kidney? that is the same shit. 
Clearly nobody here has any knowledge of law. I can make a ToS with WHATEVER I want in it. It doesnt mean it can be used legally just because the other party agreed. ROFL

 

ToS this, ToS that bla bla bla

 

You ppl live in caves or what? Have you never had any problem with a Bank for example? Banks are champions in making contracts with illegal clauses, and the moment they are taken to court the whole contract is deemed null. And by illegal clause I dont mean something that even a blind guy could see. There are so many things that can be nullified in court, you ppl have no ideia, not even in a million years.

[vampir]

 

1 minute ago, tiguz said:

 

You guys think that just because it is a ToS, everything in there is legal/or can be used in a law suit? Or just because I make a private contract with somebody saying that if the other party break any clause he is supposed to pay me with his kidney? that is the same shit. 
Clearly nobody here has any knowledge of law. I can make a ToS with WHATEVER I want in it. It doesnt mean it can be used legally just because the other party agreed. ROFL

Exactly.

Edited March 9, 2018 by vampir

[Elfo]

a

Edited October 1, 2021 by Elfocrash