I always asked myself how is there Private Servers of MMORPGs, when we have Copyright laws. Can someone explain it to me? I'm talking about unofficial games that copy story, names, classes and even the music.
Shutting down a private server is negative press.Take World of Warcraft for example. The recent shutdown made a lot of players unhappy. Several big name Youtubers were quite vocal about it. If you shut a server down, chances are a part of the player base will move on to another game.
Private server players may convert to live players. I know this was common back in Ultima Online days. Free to play was not a thing back then and MMOs were new. As such, not many people knew what a MMO was until a friend introduced them. People started out playing on unofficial servers (those were free) and later on moved to official ones. This may be beneficial for the developer.
It may not be a big deal. Most unofficial servers are not that big. If you have a game with 500.000 subscribers, having a 1.000 player server running is not that influential. Unless the server is harming your brand, you may keep an eye on it from a distance.
At least the players are playing your game. This is especially true lately, when there are so many games out there. If you are Ragnarok Online, you are fighting over every player you can get. The competition is fierce. Having a small unofficial server community means the people are playing your game instead of another one. Even if they don't convert, they may talk about your game and raise awareness.
On the other hand, there are reasons why it may be disallowed. I think every developer is aware of their unofficial servers. Some developers decide it is not worth the hassle to shut them down. Some decide the servers are negative enough to go after them.
Some times it is done properly, others are done wrong. The Copyright Dilemma - On Trademarks, Copyrights, and Patents - Extra Credits. I hope this helps. Basically if you use a Trademarked game and its assets on a private server, then law is being violated. If you recreate everything from scratch, and change the names, then you are fine. But that is not what most private servers do.
BTW, Congrats on your one and only post.
Post edited by Konfess on
Pardon any spelling errors
Konfess your cyns and some maybe forgiven Boy: Why can't I talk to Him? Mom: We don't talk to Priests. As if it could exist, without being payed for. F2P means you get what you paid for. Pay nothing, get nothing. Even telemarketers wouldn't think that. It costs money to play. Therefore P2W.
If we are talking about long gone defunct mmo-s: its just not worth the hassle most of the time and/or some company are aware that going after those people would generate more ill feeling toward them than gaining any profit.
It's all about making money. Shutting down a private server is only interesting if it looks like it's taking business from company's official servers.
Otherwise a private server doesn't cost company anything, and it's free advertisement for their IP.
Although if they dont defend their IP, they risk losing their rights to it. Thats why you have people suing themselves for using their own work in another context. Or Apple and Samsung suing eachother. They must actively defend their IP or it becomes public domain.
It really depends on a lot of factors. There have been big servers for major games that have gotten shut down. Look at any of the WoW private servers that got too big, look at any of the extremely large L2 servers that were located in the USA. I think it has more to do with where they are located though, because if the company hosting the game isn't located in that country, then it's probably a HELL of a lot harder to shut that server down.
I play private servers on occasion but I still feel like there's almost no point. I honestly don't know why they are so popular with how fast they flip.
It's all about making money. Shutting down a private server is only interesting if it looks like it's taking business from company's official servers.
Otherwise a private server doesn't cost company anything, and it's free advertisement for their IP.
Although if they dont defend their IP, they risk losing their rights to it. Thats why you have people suing themselves for using their own work in another context. Or Apple and Samsung suing eachother. They must actively defend their IP or it becomes public domain.
That's what the companies want you to think, but in reality it's never happened to any computer game.
It's all about making money. Shutting down a private server is only interesting if it looks like it's taking business from company's official servers.
Otherwise a private server doesn't cost company anything, and it's free advertisement for their IP.
Although if they dont defend their IP, they risk losing their rights to it. Thats why you have people suing themselves for using their own work in another context. Or Apple and Samsung suing eachother. They must actively defend their IP or it becomes public domain.
There's a big difference between trademarks and copyrights. You can indeed lose your trademark if you don't defend it, but copyrights expire only with the passage of enough time or actively deciding to make your work public domain.
The main protection for games and other creative works is copyright. Art assets, quest text, source code, and various other things that go into a game are protected by copyright. Someone else can't use your work without your permission, but they can make an intuitively similar one--but can't directly copy anything from you in doing so. They have to recreate everything themselves. The point of copyrights is to make it possible to profit from creating things that are easily copied once completed, where the real work is in making the first unit. The creator has an exclusive right to sell the work for a period of time, and can try to make a profit from it in that time.
Trademarks, on the other hand, are less common and really only relevant to high-profile companies or IPs, as they're expensive to acquire. The point of a trademark is to protect your brand against customer confusion. For example, you can't create a hamburger store and call it Wendy's because someone else already has the trademark on that. If you did, you could confuse people who wanted a real Wendy's hamburger into buying yours instead, or into blaming it on the real Wendy's if you screw up. That protects both the reputation of the company and the customers who want to do business with them.
Trademarks really only extend to preventing customer confusion. You could create a hamburger store with a lot of products intuitively similar to Wendy's provided that you call it something else that makes it clear that you're not Wendy's--or Burger King or McDonald's or whatever. You could even open a completely unrelated business cleaning carpets and call it Wendy's (especially if your name is Wendy) provided that no reasonable person could plausibly think you were the hamburger chain. Microsoft has a trademark on Windows, but that doesn't stop companies that sell panes of glass from saying they sell windows.
Meanwhile, Apple and Samsung are suing each other over patents, which is something different entirely. Software patents shouldn't exist, and the fact that they do is really just a way that the courts haven't yet come to grips with modern technology. Regardless, Apple and Samsung are hardware companies suing each other over alleged infringement of hardware patents, not just software companies.
Unlike copyrights and patents, trademarks can last forever. So long as you're in business with a given name and keep defending it, no one else can copy your name and pretend to be you. But if Wendy's were to shut down and stop defending their trademark, the name wouldn't be reserved for their use forever; rather, others would be able to create their own hamburger store and call it Wendy's.
It's all about making money. Shutting down a private server is only interesting if it looks like it's taking business from company's official servers.
Otherwise a private server doesn't cost company anything, and it's free advertisement for their IP.
Although if they dont defend their IP, they risk losing their rights to it. Thats why you have people suing themselves for using their own work in another context. Or Apple and Samsung suing eachother. They must actively defend their IP or it becomes public domain.
I would think that the owners of the IPs, if they really don't see any benefit in legal action other to defend their rights to their IP, would probably contact the private server owners and send them a thickly worded document. This document would state that the server owners are not attempting to usurp the IP from the owners. The owners would stave off legal action as long as their document was displayed every time the game starts for a client. It only has to be up for a second each time, and needs to be available for the clients to download if they actually want to read it.
As has been stated, there are benefits to the IP owners if they take the proper steps to protect their rights. I would imagine that in the case of the WoW vanilla server either Blizzard was too concerned with losing there mega franchise or the vanilla server owners refused to post the document. Considering how hard the vanilla guys were trying to work with Blizzard, I would think the first possibility is the most likely.
The world is going to the dogs, which is just how I planned it!
My guess is that most big companies are just too busy dealing with larger concerns to worry about a private server. If that server starts to cut into their profits then they probably spend the money to activate the lawyers to start getting the server shut down. Or maybe if the boss just hates private servers then he will have them go after anything that even looks like it might be a private server. Even with gold sellers games usually don't really start working on the problem until the players start complaining, a lot. IMO.
"We all do the best we can based on life experience, point of view, and our ability to believe in ourselves." - Naropa "We don't see things as they are, we see them as we are." SR Covey
It's all about making money. Shutting down a private server is only interesting if it looks like it's taking business from company's official servers.
Otherwise a private server doesn't cost company anything, and it's free advertisement for their IP.
Although if they dont defend their IP, they risk losing their rights to it. Thats why you have people suing themselves for using their own work in another context. Or Apple and Samsung suing eachother. They must actively defend their IP or it becomes public domain.
I would think that the owners of the IPs, if they really don't see any benefit in legal action other to defend their rights to their IP, would probably contact the private server owners and send them a thickly worded document. This document would state that the server owners are not attempting to usurp the IP from the owners. The owners would stave off legal action as long as their document was displayed every time the game starts for a client. It only has to be up for a second each time, and needs to be available for the clients to download if they actually want to read it.
As has been stated, there are benefits to the IP owners if they take the proper steps to protect their rights. I would imagine that in the case of the WoW vanilla server either Blizzard was too concerned with losing there mega franchise or the vanilla server owners refused to post the document. Considering how hard the vanilla guys were trying to work with Blizzard, I would think the first possibility is the most likely.
Nonsense. Private servers are very much competing against the original. If a game developer believed that private servers benefited them, they could easily give the software to people interested in running private servers and give them explicit permission to do so.
If you pirate software to briefly make sure it works on your machine before buying it, or if you buy a legal copy of a game then play a pirated one because it's more convenient than fussing with the DRM in the legal one, then fine. But that's not what most piracy is.
Comments
Shutting down a private server is negative press. Take World of Warcraft for example. The recent shutdown made a lot of players unhappy. Several big name Youtubers were quite vocal about it. If you shut a server down, chances are a part of the player base will move on to another game.
Private server players may convert to live players. I know this was common back in Ultima Online days. Free to play was not a thing back then and MMOs were new. As such, not many people knew what a MMO was until a friend introduced them. People started out playing on unofficial servers (those were free) and later on moved to official ones. This may be beneficial for the developer.
It may not be a big deal. Most unofficial servers are not that big. If you have a game with 500.000 subscribers, having a 1.000 player server running is not that influential. Unless the server is harming your brand, you may keep an eye on it from a distance.
At least the players are playing your game. This is especially true lately, when there are so many games out there. If you are Ragnarok Online, you are fighting over every player you can get. The competition is fierce. Having a small unofficial server community means the people are playing your game instead of another one. Even if they don't convert, they may talk about your game and raise awareness.
On the other hand, there are reasons why it may be disallowed. I think every developer is aware of their unofficial servers. Some developers decide it is not worth the hassle to shut them down. Some decide the servers are negative enough to go after them.
BTW, Congrats on your one and only post.
Boy: Why can't I talk to Him?
Mom: We don't talk to Priests.
As if it could exist, without being payed for.
F2P means you get what you paid for. Pay nothing, get nothing.
Even telemarketers wouldn't think that.
It costs money to play. Therefore P2W.
Otherwise a private server doesn't cost company anything, and it's free advertisement for their IP.
I play private servers on occasion but I still feel like there's almost no point. I honestly don't know why they are so popular with how fast they flip.
The main protection for games and other creative works is copyright. Art assets, quest text, source code, and various other things that go into a game are protected by copyright. Someone else can't use your work without your permission, but they can make an intuitively similar one--but can't directly copy anything from you in doing so. They have to recreate everything themselves. The point of copyrights is to make it possible to profit from creating things that are easily copied once completed, where the real work is in making the first unit. The creator has an exclusive right to sell the work for a period of time, and can try to make a profit from it in that time.
Trademarks, on the other hand, are less common and really only relevant to high-profile companies or IPs, as they're expensive to acquire. The point of a trademark is to protect your brand against customer confusion. For example, you can't create a hamburger store and call it Wendy's because someone else already has the trademark on that. If you did, you could confuse people who wanted a real Wendy's hamburger into buying yours instead, or into blaming it on the real Wendy's if you screw up. That protects both the reputation of the company and the customers who want to do business with them.
Trademarks really only extend to preventing customer confusion. You could create a hamburger store with a lot of products intuitively similar to Wendy's provided that you call it something else that makes it clear that you're not Wendy's--or Burger King or McDonald's or whatever. You could even open a completely unrelated business cleaning carpets and call it Wendy's (especially if your name is Wendy) provided that no reasonable person could plausibly think you were the hamburger chain. Microsoft has a trademark on Windows, but that doesn't stop companies that sell panes of glass from saying they sell windows.
Meanwhile, Apple and Samsung are suing each other over patents, which is something different entirely. Software patents shouldn't exist, and the fact that they do is really just a way that the courts haven't yet come to grips with modern technology. Regardless, Apple and Samsung are hardware companies suing each other over alleged infringement of hardware patents, not just software companies.
Unlike copyrights and patents, trademarks can last forever. So long as you're in business with a given name and keep defending it, no one else can copy your name and pretend to be you. But if Wendy's were to shut down and stop defending their trademark, the name wouldn't be reserved for their use forever; rather, others would be able to create their own hamburger store and call it Wendy's.
As has been stated, there are benefits to the IP owners if they take the proper steps to protect their rights. I would imagine that in the case of the WoW vanilla server either Blizzard was too concerned with losing there mega franchise or the vanilla server owners refused to post the document. Considering how hard the vanilla guys were trying to work with Blizzard, I would think the first possibility is the most likely.
The world is going to the dogs, which is just how I planned it!
"We all do the best we can based on life experience, point of view, and our ability to believe in ourselves." - Naropa "We don't see things as they are, we see them as we are." SR Covey
If you pirate software to briefly make sure it works on your machine before buying it, or if you buy a legal copy of a game then play a pirated one because it's more convenient than fussing with the DRM in the legal one, then fine. But that's not what most piracy is.