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Originally Posted by Frieza_Prexus
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Sure, the factors for potential infringement are certainly there, but the question as to whether or not the potential infringement is actually actionable is far from settled. Also, Sony is well aware of P99, and Smedley has even commented on it. They've obviously not pursued it, and there's a strong chance they've reached an understanding for P99 to peacefully exist with Sony's implied consent.
Again, the justifications for why RMT is disallowed here are largely irrelevant. If you want to connect to their server, don't do it.
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Sony has failed to enforce their copyright against P99 for the last 3 years. Rogean and Nilbog have continued to work on the project and incur additional expenses. 17 USC Section 106 aside, so long as P99 doesn't expand their operations significantly, and continues to crack down on RMT, it would not surprise me if suit against P99 is inactionable on the basis of waiver and laches.
Dolic