Daybreak Sues The Heroes Journey EQ EMU Server Devs

moonarchia

moonarchia

The Scientific Shitlord
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Ambiturner said:
Please explain how there's an implied license
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There's not, and never has been. There is is literally one and only one license that has been issued, and it was to P99 and no one else. I was wrong about the lawsuit, but the license was very specific and limited. Arguing that a license that states "you are limited to Velious and earlier only", and that you have to make no profit suddenly means some random third party can go up to DoN and make a profit off of donations is batshit insane.

 
Tredge

Tredge

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The debate over license is irrelevant—Daybreak’s IP rights are clear, and they’ll likely win in court. No one seriously expects otherwise.

What’s undeniable, and Daybreak should recognize, is that The Heroes’ Journey is by far the most popular version of EverQuest, and it isn't even close. This isn’t a minor emulator causing negligible harm; it’s like a fan-made Star Wars sequel outperforming Disney’s latest release in fan engagement. Disney could sue and win, but mishandling it would alienate fans and damage their brand. Given Daybreak’s history of squandering goodwill, does anyone expect them to navigate this wisely?
 
Regime

Regime

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your_mum

Trakanon Raider
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Mrniceguy said:
EQEMU created the code. That's where it came from. It's entirely legal for them to do so. It's existed for 20+ years. It's entirely legal to make EMUs so long as you don't reverse engineer the code or use it to play pirated games. Strangely THJ instructs players to download legal copies of EQ produced by DBG and distributed by Steam and P99 has in the past instructed players to download pirated version of EQ Titanium.



It's really not. It's an important aspect of both Fair Use and Implied Licensing(Permitted Use). If THJ is operating as a non-profit it's really hard to make a case against them having an Implied License, if they're are for profit it's really hard to make the case that do have one. It's probably what will determine the case TBH. Disney IPs won't be treat the same as Daybreaks IPs because they've exhibited very different past behavior(Implied Licensing). You can ABSOLUTELY use someones else's IP to make money, copyright law doesn't explicitly prevent USE. It prevents forms of Copying which can include USE, but Fair USE and Permitted USE both exist as ways to profit off someone else's IP. Permitted use doesn't have to be explicit it can be implict.

You're right on Fair USE grounds THJ likely wouldn't win and Allahkazam likely would win. But that's not the point, the point is to debunk the claim that you can't profit off someones IP without their permission. You absolutely can.
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naw technically eqemu, just as a piece of source code, is illegal/infringing because they reversed engineered the client/server protocol, more importantly the encryption for certain eq packets (for many versions of the client and server protocol over the years) - that brings it into DRM territory. hosting it is also illegal/infringing because allowing official clients to connect to your server is another way of contributory infringement. THJ even takes it a step further by distributing injections for the client, thus reverse engineering another piece of the software stack, and that brings up DMCA.
 
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dragonbr

Trakanon Raider
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your_mum said:
naw technically eqemu, just as a piece of source code, is illegal/infringing because they reversed engineered the client/server protocol, more importantly the encryption for certain eq packets (for many versions of the client and server protocol over the years) - that brings it into DRM territory. hosting it is also illegal/infringing because allowing official clients to connect to your server is another way of contributory infringement. THJ even takes it a step further by distributing injections for the client, thus reverse engineering another piece of the software stack, and that brings up DMCA.
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That's basically the same thing as someone posting a screenshot on allakhazam tho, right? 🤣
 
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