Daybreak Sues The Heroes Journey EQ EMU Server Devs

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Mrniceguy

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Ysu said:
Grasp for straws all you want, it doesn't look good for THJ. Daybreak has them dead to rights.
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Nah Daybreak seems fucked they seem to think THJ is going to mount a Fair Use defense. The problem is THJ is only a copyright violation if the EULA is enforceable in the way Daybreak thinks it is. It's not. Daybreak claims modifying game files to connect to private servers is a violation of the EULA and therefor a violation of DMCAs anti tampering clause, but the problem is YOU have to modify game files connect to P99 and Project Quarm which are both Officially licensed servers. There EULA won't be enforceable how they want it to be. Daybreak basically needs to THJ to be for profit, but they have access to THJ books now and the evidence they summitted for THJ being for profit is a email from a major ECTunnel Krono reseller that states he thinks THJ is making 20k a month profit.
 
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Sylas

Sylas

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I had the original crystalline white vox and I'm not using a mod of shit.

Im guessing that the model you see is based on whether or not you are using original or luclin graphics or some other type of graphical flag, or the model is based on what version of the client you start with? Cuz I've never seen that darker/black vox on thj
 
Xevy

Xevy

Log Wizard
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If you type .m or /m (?) on the monsters on THJ it reverts the SoV dragon skins and other new model skins back to default.
 
Hippos

Hippos

Golden Knight of the Realm
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Mrniceguy said:
You're using a Mod of a Mod. This is THJ Vox

View attachment 594520
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Cut the shit. All it takes to enable old model Vox/NPC models is the usage of a serverwide command (#tim) implemented by THJ developers (and if you're level 65 you know this). You can argue that the down syndrome model is the default server model, but that's like saying your bar didn't sell liquor during prohibition and then turning around and handing someone a bottle of hooch if they said the codeword.

Some of ya'll are riding THJ's nuts way too hard for how they've handled the circumstances. Daybreak/whatever has no choice but to get a clear win on paper here, and that's going to be detrimental to the emulator community as a whole in the long-run because now we're going to have a) multiple agreements where emu server creativity and progression is restricted to be within Daybreak's standards (i.e. dogshit), and b) likely a judgement against THJ that rewards a couple hundred thousand in damages or w/e that Daybreak can wave around to keep people in line.

THJ was taking in over 200+ "donations" per day at the launch of PoP, and despite the the community's attempts to label EoM as only usable for bags, sex changes, and gambling- there is nothing stopping you from converting EoM to platinum (where the most expensive items are custom server drops) or using it to purchase player-driven services like power leveling. They had the donation comments wide open for fucks sake so it wasn't even a mystery as to the intentions of what people were "donating" for half the time.

And while maybe they never explicitly solicited donations, they certainly went as far as game-ifying the $/EoM conversion of donations so you got 1 + a random amount of EoMs per $ donated, and also never disabled the donation link at any point for those people that "somehow" found the #donations link in their public Discord server with 25,000+ members. So they weren't even remotely trying to limit donations in any way to just be for "running costs" like the only known agreement between P99/Daybreak required, and indirectly encouraged you to donate multiple times for a chance at a larger reward.

We all probably fucked EQ in the long-term by making an emulator server (the only place where the SOUL of the game actually exists, amirite) run by such brazen devs as popular as it became, and our only hope now is that Daybreak's lawyers are as incompetent as Daybreak is itself (that's a pretty fucking low bar though).
 
moonarchia

moonarchia

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Hippos said:
Cut the shit. All it takes to enable old model Vox/NPC models is the usage of a serverwide command (#tim) implemented by THJ developers (and if you're level 65 you know this). You can argue that the down syndrome model is the default server model, but that's like saying your bar didn't sell liquor during prohibition and then turning around and handing someone a bottle of hooch if they said the codeword.

Some of ya'll are riding THJ's nuts way too hard for how they've handled the circumstances. Daybreak/whatever has no choice but to get a clear win on paper here, and that's going to be detrimental to the emulator community as a whole in the long-run because now we're going to have a) multiple agreements where emu server creativity and progression is restricted to be within Daybreak's standards (i.e. dogshit), and b) likely a judgement against THJ that rewards a couple hundred thousand in damages or w/e that Daybreak can wave around to keep people in line.

THJ was taking in over 200+ "donations" per day at the launch of PoP, and despite the the community's attempts to label EoM as only usable for bags, sex changes, and gambling- there is nothing stopping you from converting EoM to platinum (where the most expensive items are custom server drops) or using it to purchase player-driven services like power leveling. They had the donation comments wide open for fucks sake so it wasn't even a mystery as to the intentions of what people were "donating" for half the time.

And while maybe they never explicitly solicited donations, they certainly went as far as game-ifying the $/EoM conversion of donations so you got 1 + a random amount of EoMs per $ donated, and also never disabled the donation link at any point for those people that "somehow" found the #donations link in their public Discord server with 25,000+ members. So they weren't even remotely trying to limit donations in any way to just be for "running costs" like the only known agreement between P99/Daybreak required, and indirectly encouraged you to donate multiple times for a chance at a larger reward.

We all probably fucked EQ in the long-term by making an emulator server (the only place where the SOUL of the game actually exists, amirite) run by such brazen devs as popular as it became, and our only hope now is that Daybreak's lawyers are as incompetent as Daybreak is itself (that's a pretty fucking low bar though).
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All of that is just supplemental. All they have to do is have someone launch the game on THJ and on live EQ. Roll a character. Bam. Copyright infringement 100% proven. They didn't change the art or zones or gameplay at all. The only question is how far up their anuses DPG is going to shove that dildo.
 
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Sylas

Sylas

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Retards were trading rl $ for in game currency and power leveling?? How fucking dare they. They should of been paying Chinese gold farmer cartel protected by daybreak GMs as god intended.

What a faggot take
 
M

Mrniceguy

Trakanon Raider
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Hippos said:
Cut the shit. All it takes to enable old model Vox/NPC models is the usage of a serverwide command (#tim) implemented by THJ developers (and if you're level 65 you know this). You can argue that the down syndrome model is the default server model, but that's like saying your bar didn't sell liquor during prohibition and then turning around and handing someone a bottle of hooch if they said the codeword.
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I actually didn't know that. But you're missing the point. Daybreak does know this. Daybreak intentionally lied in the lawsuit and said they couldn't get Screenshots in game of Vox/Naggy ect. But at the same time they submitted a SS of Vox, Naggy and CT with the changed models. Then they paid an "expert" witness 650$ a hour to pretend like this isn't true.

Hippos said:
Some of ya'll are riding THJ's nuts way too hard for how they've handled the circumstances. Daybreak/whatever has no choice but to get a clear win on paper here, and that's going to be detrimental to the emulator community as a whole in the long-run because now we're going to have a) multiple agreements where emu server creativity and progression is restricted to be within Daybreak's standards (i.e. dogshit), and b) likely a judgement against THJ that rewards a couple hundred thousand in damages or w/e that Daybreak can wave around to keep people in line.
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Daybreak doesn't have a clear win. They've allowed other EQEMU like this to exist for 10+ years. They allow other official servers to "Tamper" with the files they say THJ is not allowed to, the law doesn't say this their EULA says this, but their EULA is an adhesion contract, when there is ambiguity in adhesion contracts courts typically side with the side that didn't write the contract. Moreover Daybreak alleges that simply modifying these files is a violation, however again Daybreak doesn't just allow players to edit these files on the live game, they encourage it through cartography feature, again leading to ambiguity in the EULA, if it's not against the EULA isn't not a copyright violation. The only potential real claim Daybreak has is if THJ is for profit.

Hippos said:
THJ was taking in over 200+ "donations" per day at the launch of PoP, and despite the the community's attempts to label EoM as only usable for bags, sex changes, and gambling- there is nothing stopping you from converting EoM to platinum (where the most expensive items are custom server drops) or using it to purchase player-driven services like power leveling. They had the donation comments wide open for fucks sake so it wasn't even a mystery as to the intentions of what people were "donating" for half the time.
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Daybreak has offered 0 proof of these allegations.

Hippos said:
We all probably fucked EQ in the long-term by making an emulator server (the only place where the SOUL of the game actually exists, amirite) run by such brazen devs as popular as it became, and our only hope now is that Daybreak's lawyers are as incompetent as Daybreak is itself (that's a pretty fucking low bar though).
Click to expand...

Daybreak openly allows people to hack/cheat the game on live servers and has for decades, they put out uninspired "expansions" yearly and milk addicted players for money through micro transactions that they say have no value in the EULA, but at the same time claim they have value on THJ. Daybreak has fucked EQ IP since they left SOE. They don't give a shit about the game at all, it's dying if THJ exists or not. Not because THJ, because DBG is shit.
 
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Kithani

Kithani

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Mrniceguy said:
I actually didn't know that. But you're missing the point. Daybreak does know this. Daybreak intentionally lied in the lawsuit and said they couldn't get Screenshots in game of Vox/Naggy ect. But at the same time they submitted a SS of Vox, Naggy and CT with the changed models. Then they paid an "expert" witness 650$ a hour to pretend like this isn't true.



Daybreak doesn't have a clear win. They've allowed other EQEMU like this to exist for 10+ years. They allow other official servers to "Tamper" with the files they say THJ is not allowed to, the law doesn't say this their EULA says this, but their EULA is an adhesion contract, when there is ambiguity in adhesion contracts courts typically side with the side that didn't write the contract. Moreover Daybreak alleges that simply modifying these files is a violation, however again Daybreak doesn't just allow players to edit these files on the live game, they encourage it through cartography feature, again leading to ambiguity in the EULA, if it's not against the EULA isn't not a copyright violation. The only potential real claim Daybreak has is if THJ is for profit.



Daybreak has offered 0 proof of these allegations.



Daybreak openly allows people to hack/cheat the game on live servers and has for decades, they put out uninspired "expansions" yearly and milk addicted players for money through micro transactions that they say have no value in the EULA, but at the same time claim they have value on THJ. Daybreak has fucked EQ IP since they left SOE. They don't give a shit about the game at all, it's dying if THJ exists or not. Not because THJ, because DBG is shit.
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A Few Good Men You Cant Handle The Truth GIF by SundanceTV


post seinfeld GIF
 
moonarchia

moonarchia

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Kithani said:
A Few Good Men You Cant Handle The Truth GIF by SundanceTV


post seinfeld GIF
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It's like he doesn't understand the first thing about copyright. DPG has already won the copyright infringement case, it's just a matter of whether THJ settles now or wants to get completely and utterly fucked by the court to the point they will have to lose their asses and assets and be forced into bankruptcy.
 
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M

Mrniceguy

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dragonbr said:
"None of THJ's players came from DBG servers; those players would never like a game like THJ"
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It doesn't fucking matter if they did unless Daybreak can establish THJ doesn't have a license to do what they're doing. The EULA is too ambiguous to establish that. Players have asked DBG games to let them know what makes mods in EQ okay and what doesn't for decades, DBG refuses to answer, which makes it ambiguous. Every other company in the industry says we allow mods and these are our rules for moding or WE don't allow mods, DBG shrugs and says we wont tell you. As the authors of the contract Daybreak needs to clarify any ambiguity, their failure to do so means their contract wont be enforcable they way they want it to be.

Also dudes YT video says i Quit Daybreak servers to play THJ, legit has another video of him 10 boxing on Teek. So like which is it?
Imagine unironically using YT comments in a court case. Imagine unironically viewing that as a testimony worthy of appearing in court. Imagine what it's like to be that fucking retarded.
 
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D

dragonbr

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Mrniceguy said:
It doesn't fucking matter if they did unless Daybreak can establish THJ doesn't have a license to do what they're doing. The EULA is too ambiguous to establish that. Players have asked DBG games to let them know what makes mods in EQ okay and what doesn't for decades, DBG refuses to answer, which makes it ambiguous. Every other company in the industry says we allow mods and these are our rules for moding or WE don't allow mods, DBG shrugs and says we wont tell you. As the authors of the contract Daybreak needs to clarify any ambiguity, their failure to do so means their contract wont be enforcable they way they want it to be.

Also dudes YT video says i Quit Daybreak servers to play THJ, legit has another video of him 10 boxing on Teek. So like which is it?
Imagine unironically using YT comments in a court case. Imagine unironically viewing that as a testimony worthy of appearing in court. Imagine what it's like to be that fucking retarded.
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You all up in the kool-aid but you don't even know the flavor. I say this with as little respect as possible, but how fucking regarded are you? None of what I posted was in regards to the effectiveness of their litigation. It was all in reference to Sylas' powerfully stupid idea he spouted over and over that THJ weren't pulling players from live servers because live players wouldn't be interested in one of the best EQ rulesets available.

Also, no idea what you are talking about with the "other video". I checked all of the creator and commenter's channels and the closest thing I can find to what you mentioned was Aeth documenting boxers on Teek, 11 months ago..... But I guess thanks for agreeing with me in a roundabout way that the playerbases do intermingle.

Edit nevermind, found it. Thomas Van multiboxing 10 characters, also 11 months ago... lol

 
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