Quote:
Originally Posted by Excidium
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And to my knowledge, there is no fair use. And if there is any type of donations to this server, that is seen as revenue. Calling it a donation isn't changing the fact that somebody is getting paid.
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Game emulation is a legal gray area currently. It tends to be a fairly dark shade of gray, but there is not much settled law on the subject. Because the issue is fuzzy, the server protects itself by accumulating as many
possible defenses as it can.
These include, but are not limited to, confidential understandings with Sony decision makers who have connections to EQ, active policing of RMT activities, no personal pecuniary gain, and agreements to not actively pursue current Sony customers by advertising on Sony's forums.
These are not perfect defenses, and they very well could be meaningless. However, they contain potential utility to safeguard the server, and the staff has chosen to pursue these protections for obvious reasons. Even if there is no legal leg to stand on, active policing of RMT activities might prove to be a mitigating factor that discourages Sony from pursuing action against the server.