Daybreak Sues The Heroes Journey EQ EMU Server Devs

Mrniceguy

Trakanon Raider
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They probably figured that this would be about the only server to really use the code, at the time. They thought that if they could not write code that actually could make the game fun and interesting, that nobody could. They never considered competent coders taking advantage of the same people they did.

There were already multiple other EQEMUs at the time. Realistically the truth is that Smed and Holly thought EQEMU was positive for the IP. JChan and the current dev team don't, but the reality is legally they likely can't go back. DBG biggest mistake was not making the rules of said Agreement public. Had they made it public they would have a much stronger case.
 

Sylas

<Gold Donor>
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Are other EMUs jealous of THJ?
According to the multiple pages of official statements on the record of support from other emu developers, no i dont think so. They are all coming out and saying that they are taking donations and it was allowed and everyone at day break knew and approved of it.
 

Zaide

TLP Idealist
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5,190
Minute Order District Judge Cynthia Bashant: Oral Argument Hearing held on 8/12/2025 re 38 Supplemental MOTION for Preliminary Injunction . Motion taken under submission. Written order to follow. The Court denies 56 Ex Parte MOTION for Leave to File Supplemental Declaration in Connection with Plaintiff's Supplemental Motion for Preliminary Injunction. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Mary Brennan / Nicholas Janda / Daniel Schnapp).(Defendant Attorney Benjamin Anger / Joshua Dalton). (no document attached) (lrf) (Entered: 08/12/2025)
 

Kirun

Buzzfeed Editor
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So, it sounds like the main request is still being decided and she denied the request to add more evidence? Need a real lawyer to weigh in, but I think that's what that's saying...
 

Mrniceguy

Trakanon Raider
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The stuff that was submitted by THJ yesterday won't be looked at.

The ruling it TBD. Could be later today, could be Tomorrow, could be weeks from now.
 

Hippos

Golden Knight of the Realm
164
55
So, it sounds like the main request is still being decided and she denied the request to add more evidence? Need a real lawyer to weigh in, but I think that's what that's saying...
pretty close. 38 is the main filing from daybreak, so she's taking it in to review all the information and then she'll issue her ruling later (expected).

and then the other part is that she denied the motion to allow the documents that THJ's defense submitted yesterday (docket 56).

they could've maybe gotten those accepted had they not included a) an article written literally yesterday as evidence that the mmorpg industry is in decline (new claim), and b) information regarding a ban wave on live last week as evidence that daybreak's losses are self-inflicted (new-ish claim), but they turned it into a running battle by including them and the judge probably felt they were disrespecting her time at the very least. we'll see if the minutes and such get uploaded somewhere since a bunch of people are requesting them already.

pretty decent blow to them because it also included evidence of daybreak's negligent copyright enforcement against hidden forest and project lazarus (two other emus that accepted donations for in-game items), and they had little evidence of that prior because they danced around the topic of donations in their original defense (jeff butler even dropped an "i do not recall" in his declaration WRT sony's thoughts on pursuing donation/monetized emu servers).
 
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Hippos

Golden Knight of the Realm
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THJ's announcement for today (tl;dr no info)-
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Sachee

Silver Knight of the Realm
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"Journey well, Heroes!"
Another fraudulent statement by THJ.
There are no heroes in EQ. Only zeroes left. Those of us stupid enough to take another ride at dinoland.
 
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Araxen

Golden Baronet of the Realm
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pretty close. 38 is the main filing from daybreak, so she's taking it in to review all the information and then she'll issue her ruling later (expected).

and then the other part is that she denied the motion to allow the documents that THJ's defense submitted yesterday (docket 56).

they could've maybe gotten those accepted had they not included a) an article written literally yesterday as evidence that the mmorpg industry is in decline (new claim), and b) information regarding a ban wave on live last week as evidence that daybreak's losses are self-inflicted (new-ish claim), but they turned it into a running battle by including them and the judge probably felt they were disrespecting her time at the very least. we'll see if the minutes and such get uploaded somewhere since a bunch of people are requesting them already.

pretty decent blow to them because it also included evidence of daybreak's negligent copyright enforcement against hidden forest and project lazarus (two other emus that accepted donations for in-game items), and they had little evidence of that prior because they danced around the topic of donations in their original defense (jeff butler even dropped an "i do not recall" in his declaration WRT sony's thoughts on pursuing donation/monetized emu servers).

It sucks they couldn't include that in their evidence, but they should have already included that in their first go around. Those servers have been known for awhile and the THJ devs definitely knew about those two servers. It's a fuck up on their end.