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Originally Posted by Tethler
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I'm not a lawyer, so I don't know IP law. Are you?
What I do know, is that Daybreak gave permission for p99 to operate. While Daybreak was acquired by a larger company in like 2018, Daybreak is *still* managing Everquest. Whether that invalidates an agreement, I don't know. It's been like 7 years since the acquisition and p99 hasn't been forced to shut down, which leads me to believe that the deal is still on.
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I'm a transactional attorney. Usually these types of contracts will have clauses that they are binding on successors or assigns (i.e., anyone who purchased Daybreak). Usually the purchaser then factors that into their purchase decision/purchase price while they are conducting due diligence on the target company. I would be surprised if the original P99 agreement with Daybreak does not have that.
Quote:
Originally Posted by Ekco
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all it takes is a C&D letter not like they are going to pay for lawyers to defend a emu project on the grounds of a non legally binding handshake agreement made by people that don't own the property anymore
the ip was first purchased by a Russian holding company and now a Swedish one, the entire business model of these companies that acquire zombie mmos is just squeeze what little value is left in the IP without doing any investment into it
ctioned by the IP holder is stealing?"
its illegal if they decide to care, just everything else discussed in the last 4 pages. from the TOS in the clients being different and not saying shit about it to who owns the IP and who's permission actually matters.
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Well I for one would do it for free if P99 needed help. C&D letters are also meaningless...half the time the person sending it won't do anything if you ignore the letter, it's just a hail mary to try to scare the person and hope they stop.
If a court case was actually filed, there are multiple additional arguments. One being promissory estoppel. The owners of P99 have been spending money to run servers in reliance on the contractual promises in the agreement to allow them to do so. As such, you can't just pull the rug out from under their feet.
The inaction over several years is also an argument P99 could make. That will depend on specific state laws though...we'd have to see the agreement to see if it specifies which state's law governs.