Daybreak Sues The Heroes Journey EQ EMU Server Devs

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Mrniceguy

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Ambiturner said:
You realize non-profit and not for profit are different things, right? The way you've brought that up multiple times just shows it's another legal thing you're clueless on
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Yes, taxes and who they serve is the diff. This is just pedantry. Non-profits are tax exempt. Not for profits usual aren't.
Giving benefits for donations still doesn't make you for profit. That's the point.

Daybreak alleges users aren't allowed to display copyrighted material without going through "Everquest's official servers or Authentication process." But Daybreak abandoned this a decade ago when they authorized P99. Stay mad Daycuck
 
hats

hats

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Love the pivot from “you’re legally clueless” to “this is just pedantry” the moment the nuance didn’t go your way. That’s some high-level consistency right there.
 
moonarchia

moonarchia

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hats said:
Love the pivot from “you’re legally clueless” to “this is just pedantry” the moment the nuance didn’t go your way. That’s some high-level consistency right there.
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He's having to cope with the pending loss of THJ. This is literally an open and shut case that is going through the motions. If it ever gets to trial it is as simple as 2 laptops. 1 set up with an account for EQ, and 1 set up with an account for THJ. Roll the same character on each. Boom, copyright infringement loss for THJ, and all that's left is how far up their anuses DPG shoves that Spiked Dildo of Lawfare.

Best case is settlement ASAP, they fork over every penny they took in to DPG, and get to move on with their lives. If their lawyer isn't utter shit that's what they are working on right now.

There is no outcome where DPG allows THJ to continue in its current state unless it gets turned over to them entirely, and they don't have the staff to make use of it, so it would be a dead project and shut down. If they allow THJ to keep going, it would be with the removal of the 3 class system and legos (see the quarm settlement) which are the only reason this emulator has any interest at all.
 
Ambiturner

Ambiturner

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Mrniceguy said:
Yes, taxes and who they serve is the diff. This is just pedantry. Non-profits are tax exempt. Not for profits usual aren't.
Giving benefits for donations still doesn't make you for profit. That's the point.

Daybreak alleges users aren't allowed to display copyrighted material without going through "Everquest's official servers or Authentication process." But Daybreak abandoned this a decade ago when they authorized P99. Stay mad Daycuck
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You have to register beforehand and publicly disclose your financials. Have they done either?
 
Araxen

Araxen

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THJ's lawyer has responded to DBG suit in court.


According to former EQ Producer Jeff Butler, “good-
faith fan emulators, like THJ, enrich the historical legacy of classic MMOs, foster
creativity, and do not constitute market substitution for any existing or planned official
servers.” Declaration of Jeff Butler (“Butler Decl.”)
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As EQ’s co-creator, John Smedley, remarked, “I never
want to paint these emulator guys as anything but our number one fans and the hardest
working people I’ve ever met. Thus, to be able to support it officially like we have, it
makes me feel good.”
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They are going with DBG not defending their IP defense.
 
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imready2go

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Araxen said:
THJ's lawyer has responded to DBG suit in court.





They are going with DBG not defending their IP defense.
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Doesn't DBG just need to come back with, "We don't believe THJ is acting in good faith since they turned their emulator into a for-profit venture" and therefore the statement from Butler is negated? Seems like a weird defense angle when it can be easily refuted.
And quoting Smed, who left the company 10 years ago and made that quote god only knows how long ago, also seems a bit weird. What does Smed's opinion have to do with the game today, seeing as THJ didn't spin up back in the old days of Smedley. Maybe if they had the same quote from JChan it might be more impactful.
I'm not sure those quotes are really helpful to THJ's case. But I'm no lawyer, so wtf do I know.
 
M

Mrniceguy

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hats said:
Love the pivot from “you’re legally clueless” to “this is just pedantry” the moment the nuance didn’t go your way. That’s some high-level consistency right there.
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One Is relevant to the case. The other is a red herring. The distinction between Not-for-profit and Non-profit is largely a tax thing and not relevant to a copyright claim or an irreparable harm claim. The fact you don't understand this just furthers the point i was making.
 
M

Mrniceguy

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imready2go said:
Doesn't DBG just need to come back with, "We don't believe THJ is acting in good faith since they turned their emulator into a for-profit venture" and therefore the statement from Butler is negated? Seems like a weird defense angle when it can be easily refuted.
And quoting Smed, who left the company 10 years ago and made that quote god only knows how long ago, also seems a bit weird. What does Smed's opinion have to do with the game today, seeing as THJ didn't spin up back in the old days of Smedley. Maybe if they had the same quote from JChan it might be more impactful.
I'm not sure those quotes are really helpful to THJ's case. But I'm no lawyer, so wtf do I know.
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Nope. This is GG even if THJ is for profit. DBG currently can't go against what SOE/DBG explicitly did in the past.

Imagine Person A has a bike. Person A decides to allow others to use the wheels of said bike. Person B and C take and use those wheels. Later on Person A sells the bike to Person D without the wheels. Then person D claims to be the rightful owner of the Wheels Person B and C are using. Person D has no right to claim the wheels because they were never sold the wheels with the bike.
 
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hats

hats

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Mrniceguy said:
One Is relevant to the case. The other is a red herring. The distinction between Not-for-profit and Non-profit is largely a tax thing and not relevant to a copyright claim or an irreparable harm claim. The fact you don't understand this just furthers the point i was making.
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I don't know, don't care, and never talked about the difference between not-for-profit and non-profit, or what point you're trying to make. I posted about an anecdotal conversation I had with my wife and you flipped out about courtroom correctness of this story, the 'portion' of the lawsuit ie. copyright versus irreparable harm it was about, and whether or not my wife read jury instructions.

Then, you proceed to call someone's arguments pedantic. So, I'm making fun of you personally. You lack self-awareness. Hope this helps.
 
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Sylas

Sylas

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No clue about the legalities but every single thing thj claims in their defense happens to be true, and everything dbg claimed in their suit was an outright lie or fabrication.

Not sure how much weight the truth bears in today's justice system
 
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M

Mrniceguy

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hats said:
Then, you proceed to call someone's arguments pedantic. So, I'm making fun of you personally. You lack self-awareness. Hope this helps.
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Your understanding of the case is fundamentally flawed, not some minor detail.
Not-for-profit vs Nonprofit is a minor irrelevant detail.
It's not a lack of self-awarness. It's that these things aren't the same.
 
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rolien

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imready2go said:
Doesn't DBG just need to come back with, "We don't believe THJ is acting in good faith since they turned their emulator into a for-profit venture" and therefore the statement from Butler is negated? Seems like a weird defense angle when it can be easily refuted.
And quoting Smed, who left the company 10 years ago and made that quote god only knows how long ago, also seems a bit weird. What does Smed's opinion have to do with the game today, seeing as THJ didn't spin up back in the old days of Smedley. Maybe if they had the same quote from JChan it might be more impactful.
I'm not sure those quotes are really helpful to THJ's case. But I'm no lawyer, so wtf do I know.
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Not a lawyer either but I think that would set a precedence since DBG hasn't done anything to Emu's since Smedley left. If he left and suddenly they started doing things that would be a difference but nothing changed.

If nothing changes why would you think things have changed? It would be like living in a city and you drive down a road the same day for 10 years suddenly you get a new person in charge of the city and you get a bill without warning saying you're driving down a toll road when there were no signs that it was a toll road. You'd be able to go to court and fight to not pay the bill and most likely win because you had no idea about it.

I see it as THJ could get out of paying the "damages" but maybe required to shut down. Quarm coming to agreement shouldn't play any role as THJ was already in the lawsuit before that happened.
Sylas said:
No clue about the legalities but every single thing thj claims in their defense happens to be true, and everything dbg claimed in their suit was an outright lie or fabrication.

Not sure how much weight the truth bears in today's justice system
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Says a lot about DBG when everything is pretty much bullshit.
 
hory

hory

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Let's ask the real question is this a blue haired jogger judge from LA? If so its a toss up.
 
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Sylas

Sylas

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yeah regardless of what law and precedent says the judge can always pull a delaware and just fuck over DBG, award monetary damages to THJ, force their IP into public domain, etc
 
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Araxen

Araxen

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Sylas said:
yeah regardless of what law and precedent says the judge can always pull a delaware and just fuck over DBG, award monetary damages to THJ, force their IP into public domain, etc
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It would be cool if it was put in the public domain, but there is .00001% of that happening. lol
 
Ysu

Ysu

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Seems like THJ is cooked, enjoy the server while it lasts. (Lawyer friend opinion)

Also lol

1754001877219.png
 
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