Project Quarm - 1 Box Planes of Power

Quaid said:

i sincerely doubt many people would know, and even fewer would care.

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Every single application I see, I google and Find legal records on. You know most of that shit is public record right? why do you think anyone even knows about the lawsuit on THJ

or Quarm if it happened.

Congrats Secrets.

moonarchia said:

You do realize DPG is suing the devs personally, not just the company, right? Creating an LLC to commit copyright infringement is going to do jack and shit. They are still going to be held personally responsible for their actions. Shit, creating a company to break the law might actually end up being used against them.

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Again, unfortunately for Daybreak cucks that's not how the law works.

moonarchia said:

And if the "LLC" doesn't have the funds to cover it, they will be going into bankruptcy, and the stuff S Secrets was rightfully worried about will happen to them.

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Do you know what a Default Judgement is? Can you find Alyson Reeves and prove this person exists?

Secrets said:

Furthermore, the damages that would be potentially awarded in a copyright case would likely be a fine of at least $500 per infringement - assuming each 'player' who connected was an infringement, you can safely say that I would owe, at minimum, $22,500,000.

Blizzard won 88m from Alyson Reeves who operated ScapeGaming and the WoWScape private server in a default judgement.

I would be paying Daybreak back over the next lifetime and my wages would be garnished even if I nailed a job.
That is a risk I don't want to take over a hobby project.

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I'm bored today so let me break this down why this ruling is bullshit. A "Default" Judgement is one when the defendants don't show up to court, when people don't show up to defend themselves the courts often just accept any claim by the plaintiff as true, even when it's explicitly false. Alyson Reeves probably didn't exist and was just some Pseudonym for someone in China to hide who they really were while collecting money on Paypal.

Statutory damages are per work and only for works that are registered before the infringement takes place 17.35 Copyright—Damages—Statutory Damages (17 U.S.C. § 504(c | Model Jury Instructions .

- You may not award as statutory damages less than $750, nor more than $30,000 for each work you conclude was infringed.

-Statutory damages are precluded when the copyright holder does not register the copyright before commencement of the infringement. See Derek Andrew, Inc. v. Poof Apparel Corp., 528 F.3d 696, 699 (9th Cir. 2008); Polar Bear Prods., Inc. v. Timex Corp.,

What is Copyright? | U.S. Copyright Office
"A work is fixed when it is captured (either by or under the authority of an author) in a sufficiently permanent medium such that the work can be perceived, reproduced, or communicated for more than a short time. For example, a work is fixed when you write it down or record it."

A User is not a "Copyrighted Work" , copies of files also aren't "works" unless you own them permanently Daybreak claims you don't own them and just have a license to use them therefore they aren't sufficiently Permanent, in Copyright a "work" in would be World of Warcraft Classic, Burning Crusade, A physical CD containing files that you own Permanently ect. So Blizzard was wrongly awarded 200$ per user only because the defendant no showed.

Daybreaks Lawsuit Lists about 20 actual works that they could even claim you infringed. Statutory damages would give them as little as 4,000. A lawsuit cost them much more than that. This is why their is 1000s of private servers that exist non-profit wise and Copyright right owners only go after those making profits. Because Statutory damages just don't cut it. Actual damages are impossible to prove, Defendants profits are the only thing meaningful they can get. Which is why Daybreak has never gone after the other EQEMU servers that have 1000s of users and only went after THJ because they thought THJ was making 20k+ a month.

Daybreak is claiming THJ users are violating DMCA by
And that THJ is liable for their users doing so. Your users do the exact same thing to connect to your server. So if what Daybreak is claims is true, while you have a License for the server side, none of your Users have a License for the Client side and YOU would be the one liable for your Users. If Daybreak wins this claim your Licensce means jack shit BTW.

Spoiler Alert they won't because TXT files aren't Technolical Protective Measures.