Quote:
Originally Posted by Irespectwomen
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THJ are fucked, like lose your house and everything you own fucked. They hilariously thought that if they adamantly referred to their in-game services as donations then they would be protected. Drug users would never go to jail if that was any sort of legal protection lmao. My goodness the naivety of it is just crazy.
Anyways, they literally sell an xp and buff 'gift' for a 'donation', this is a business model and market strategy as most EQ players would spend a few bucks to save X amount of time, I bet DBG will show that XP potions are on of their highest grossing microtransaction to create precedence that it is a competing business model using a stolen product with a viable market strategy to optimize profit.
I'm no lawyer but I think the nature of that would open them up for speculative damages.
What really is a kick in the teeth is they continue to operate despite DBG's attempt to shut them down, I am sure continuing to allow purcha- I mean donations for in-game services. This is a sleight against the entire EQEmu community, if they gave a shit at all they would have done everything in their power to settle outside of court. Them making DBG go to court is going to force them to create legal precedent against the entire EQEmu community, say goodby to small crowdfunded servers.
I am really looking forward to this case, I wish I got to see the look on their face as they attempt to tell the Judge that these were not transactions but they were donations LOL. I hope they are appropriately punished and the EQEmu community is spared from blowback (we won't be).
No judge I did not sell that methamphetamine it was a personal gift for a donation HAHAHAAHA
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Depends on what Daybreak asks for in the case. For the "donations" that THJ received, as you say those are pretty easy to do an accounting for and prove as transactions not donations, and Daybreak could try to argue that there should be recission on all profit THJ made off the IP. As far as consequential damages of "loss of potential profits and subscribers" that's harder to calculate...I would assume Daybreak will request it in their pleadings though; at that point the judge would decide if there's a reasonable argument that THJ caused lost business and see if there's some rational calculation they can come up with to estimate.