private-servers
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Private server company forced to pay Blizzard $88 million
A judge in the California Central District Court ruled Thursday that Scapegaming, also known as Alyson Reeves, has lost its lawsuit against Blizzard. Scapegaming had set up private Blizzard servers that included a microtransactions market. Blizzard sued them in October 2009 for copyright infringement. As we've covered here before, private servers are a violation of license limitations of the EULA. Blizzard considers any violation of those license limitations to be copyright infringement and sues people for such. Furthermore, Blizzard established in the "Bnetd" case that crafting software to set up a private server is a copyright infringement all on its own. The total reward of $88,594,589 comes from $3,053,339 of inappropriate profits, $63,600 of attorney's fees, and $85,478,600 of statutory damages. Statutory damages are damages required by law that are increased for willful and commercially based infringement. Scapegaming may appeal the amount.
The Daily Grind: Want a private server?
When someone says 'private server' with respect to MMORPGs, it's hard to avoid mentally swapping a few letters and coming up with 'pirate server.' Rarely, if ever, have game companies licensed their software to individuals or groups, preferring instead to maintain tight control over the end user's options and general gaming experience. The lock down hasn't stopped many enterprising coders from rolling out their own versions of their favorite games. Titles as diverse as Ultima Online, Star Wars Galaxies, Lineage 2, Aion, and World of Warcraft have all been accurately replicated by third parties in the past, and many of these private communities, while illegal, boast very respectable user populations. Clearly there's a market for a customizable MMORPG experience, and I'm curious why development teams and publishers haven't tried to cater to it. Is it the costs involved? The technology? Surely with all the instancing in use in today's games it wouldn't be too much of a stretch to rent copies of the game world to roleplayers, immersion enthusiasts, and others who prefer a little more control over their experience. What do you think, dear readers? Would you, or your guild, pay a premium for your own MMORPG server?
Blizzard files lawsuit against private server
We've talked about private servers on the site here before, but in case you haven't heard the term: they're unofficial servers, very much against WoW's Terms of Use, that are run by companies other than Blizzard. They're shady as get out -- some make you pay (and these are not people you'd ever want to give any credit card information to), some will delete or change characters on a regular basis, and many times they're created just so whoever's running them can mess around with GM powers, and cheat with any items they want. So you can see why Blizzard would want them shut down, and that's exactly what they're trying to do with this lawsuit filed in the California Central District Court against a company called "Scapegaming" that runs at least one private WoW server (and they've apparently been running microtransactions in-game -- selling in-game items for "donations" of money). The law firm working for Blizzard, Sonnenschein Nath & Rosenthal, also worked on the "Bnetd" case, which was another piece of unofficial server software that allowed players to play off of Blizzard's Battle.net setup. The complaint lists copyright infringement as the cause, which means they're probably using the same argument targeted at other private servers in the past. We'll keep an eye on this, but it's very likely Blizzard will win this one unopposed, and Scapegaming (or at least just their WoW server) will get shut down for good. Thanks, Phenom!
An official server for South Africa
Here's an interesting post from what looks like a site in Zaire wondering if Blizzard will ever bring World of Warcraft to South Africa. It's true -- we all take it for granted that here in North America and Europe, the game is available, but in many parts of the world, it's not. And apparently there's a market in a place like South Africa -- Blizzard says they have about five to seven thousand players down there already (we'd assume they're playing on EU or US servers), and that probably doesn't count any of the players on private servers, which could be as many as 20,000. iGame is a division of an ISP called iBurst down there, and they say they're prepared to run an official server (within 24 hours' notice!) if Blizzard gives the OK, but Blizzard has told them that they need at least 40,000 players in the area to make it worth running an official server.There's another option called a "peering" server, which apparently does hook up to Blizzard's servers, but uses local connections and networks to make things a little faster. But again, Blizzard needs to assent to that, and it seems like they're hesitant at the moment.Oceanic realms have had issues for a long time, but at least the players there do have a chunk of servers dedicated to them. Are there any other major places in the world that don't have official WoW support yet? South America? India?
Breakfast Topic: Are private servers really that bad?
Blizzard has a very clear line on private servers: they are against the rules. If you have one or play on one you're going to get in trouble. Your account will get shut down and you'll likely face some legal issues if you don't capitulate to their demands.However is their stance right? Are private servers really that big of a deal?There are two ways that I look at the issue. One way is to view the issue through the lens of morality and legalese. In this respect Blizzard is on solid ground. They own Warcraft and all the associated games, and they own the servers we play on. When we buy the game we're not buying the property. We're buying the right to use the property as long as we keep paying a monthly fee, and as long as we operate within their guidelines (the terms of service).Some might contend that there is an innate right to privacy in the fact that after we've purchased the game (and its associated data), Blizzard has no right to tell us what to do with it or to find out how we're using it. I'm not a lawyer, but some are, and there's an interesting debate to be had here.
Dubious WoW practices #3: private servers
Although the monthly fee is easy to forget about, many of us would be much happier if it were removed from the equation--and how about doing something about that server overcrowding, too? It may sound like a pipe dream, but a number of private (emulated) servers have sprung up offering just that: free access to an unofficial third-party realm. Private servers are run using reverse-engineered, hacked-together, server code, and allow you to use your existing WoW client but cut Blizzard out of the equation. Various server variables are controlled by those running the realms--for example, changing the xp gain rate means you can level from 0 to 60 faster than usual.
