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Official EULA states that Server modding is illegal

Posted: Tue Mar 19, 2013 7:37 pm
by haguenmk
Hello folks,

I have read the closed topic viewtopic.php?f=4&t=21330#p121051
Zoey76 said the official statement about client modding being illegal is located at L2 EULA part 3 statement b.

Reading the EULA at
http://us.NCZ0ft.com/en/legal/user-agre ... eement.php
I found other statement telling that Server Mod is also illegal, see:
8. PROHIBITED AND IRREPARABLY HARMFUL ACTIVITIES CONCERNING NCZ0ft
(iii) software that redirects communications from any Software or Service; or
(iv) software not provided by NCZ0ft which creates or maintains any communication to the Software or Service, including but not limited to any software that emulates the Software or any part thereof as well as any server that emulates the Service or any part thereof;
Glossary
Software - The L2 Frontend Client
Service - The L2 Backend Server

So, since:

* many other companies (like ZeniMax Media who produces Elder Scrolls) allows and motivates client modding of their games,
* a company may write what it wants in its EULA, being abusive and disregarding the real law,
* the copyright of h5 client ends in 2011 (so that copyrigth has expired and now pertains to the public domain)

How can we say what is legal or illegal with certainly? Remembering NCZ0ft's EULA is clear to state any emulated server is illegal.

It is just a discussion and, since it is relevante to many people, i think it is not the case to close or ignore the topic.

Re: Official EULA states that Server modding is illegal

Posted: Tue Mar 19, 2013 8:14 pm
by Zoey76
They cannot sate that a software piece is legal or not because it would emulate their service.

If you search for "are emulators illegal" you will find out that there is no legal way to prohibit someone to code an application, either if it's intended to communicate with other software or not.

There are many examples where big companies lost against emulator creators, mostly console games emulators.

--Edit:
This doesn't apply to "L2Off" servers that are presumably based on copyrighted files.

--Edit 2:
Finally the EULA is a "contract" between the user and the product provider, so their EULA basically says that players cannot use their product (game client) in emulated servers.

Doesn't say anything about having and running a server that may allow others to connect.

P.S: I should stop watching Suits :twisted:

Re: Official EULA states that Server modding is illegal

Posted: Tue Mar 19, 2013 8:22 pm
by haguenmk
Hi,

Thank you Zoey76 by your repply, and I agree with you. I guess it is that kind of abusive rule and i don't believe that.

Re: Official EULA states that Server modding is illegal

Posted: Tue Mar 19, 2013 8:24 pm
by Zoey76
haguenmk wrote:Hi,

Thank you Zoey76 by your repply, and I agree with you. I guess it is that kind of abusive rule and i don't believe that.
The second update clears any doubts you could have, by the way.