Green server and "operating under legal permission"

[Videri]

Perhaps OP is trying to scare people away from Green so he’ll have less competition for some legacy item.

[Jibartik]

Originally Posted by Madbad [You must be logged in to view images. Log in or Register.]

just ducking my head in with a:

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How neat is that!

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[Gen.Alexander]

Originally Posted by Jimjam [You must be logged in to view images. Log in or Register.]

I find it amazing the number of people who play but whom imply they don't like the process of playing, but only stay due to sunk investment.

Well, while I am having fun while playing MMORPGs I've some emotional investment in my characters too. Losing them always sucks.

Back to the main topic. There is no guarantee that any game won't close tomorrow, even a commercial one. P1999 is 10 years old so it already had a longer lifespan than many commercial games such as Wildstar (lasted for 4 years,) Warhammer Online (5 years,) Tabula Rasa (2 years.) Heck, if I was a betting man I'd put my money on P1999 outliving Daybreak's live EQ.

[vermabarkha507]

but Rogean has no leg to stand on here. Back in 2015, things were a lot different. Epstein's lawyers could shut all this down in two seconds today and no one would bat an eye.

galach edit: removed link

[GnomeCaptain]

Originally Posted by pheerie [You must be logged in to view images. Log in or Register.]

I like that you are enjoying some role-playing, but this is serious, and if you bury your head in the sand, you could get royally screwed out of many hours of your life.

I'm pretty sure you're role-playing a (troll) lawyer.

And this is not serious. Get over yourself.

And if you play and the game gets shut down so what? How is that getting screwed? The playing and interacting with others is the reward. I could give two squirrel farts about my gear & characters.

Heaven forbid I have to find another game or read more or create something of value.

[Robersonroger38]

Originally Posted by pheerie [You must be logged in to view images. Log in or Register.]

Good point. I think I will skip Green. Best of luck to you all, and I hope Epstein doesn't shut you down.

/hollywood laugh!

[cd288]

Originally Posted by loramin [You must be logged in to view images. Log in or Register.]

And as Rogean said in a post (and I'm paraphrasing here), while he can't reveal the terms of the contract ... he'd have to be pretty dumb to sign a contract Daybreak could just revoke for no reason whenever they felt like it.

Not really. The P99 staff probably had very little leverage here to negotiate terms since, at the end of the day, Daybreak could have just forced them to shut down the server due to the copyright violation. I wouldn't be surprised if the contract permits Daybreak to terminate for any reason at any time. As a corporate attorney, I would never agree to give a third party control over my client's IP like that - the contract would always allow me to terminate for any reason; the exception being things like a licensing scenario where the IP-holder is getting paid to license out the IP for a specific period of time, which isn't applicable here. Now, there's no real reason Daybreak would particularly care about terminating the contract at this time, but if P99 started pulling like 5 figures in players with regularity, I bet you Daybreak would re-consider.

Legal contracts between entities don't "expire", unless it's written into the contrract. If company A has a contract with party B, and company C acquires company A, A's contract with B remains unchanged.

This isn't technically true. The part about expiration is true, but when it comes to acquisitions most of the time you have to write into the contract that it will be binding on your successors/assigns. In this case, I would not be surprised if that was not in the contract with Daybreak. Again, P99 has very little leverage as far as negotiating the contract goes, and if I were Daybreak's lawyer I would refuse to agree to that because you'd want to make sure it was easier to sell the IP to somebody if you wanted to in the future (and saying the agreement with P99 is binding on them could make it harder to do that).

[loramin]

Originally Posted by cd288 [You must be logged in to view images. Log in or Register.]

Not really. The P99 staff probably had very little leverage here to negotiate terms since, at the end of the day, Daybreak could have just forced them to shut down the server due to the copyright violation. I wouldn't be surprised if the contract permits Daybreak to terminate for any reason at any time. As a corporate attorney, I would never agree to give a third party control over my client's IP like that - the contract would always allow me to terminate for any reason; the exception being things like a licensing scenario where the IP-holder is getting paid to license out the IP for a specific period of time, which isn't applicable here. Now, there's no real reason Daybreak would particularly care about terminating the contract at this time, but if P99 started pulling like 5 figures in players with regularity, I bet you Daybreak would re-consider.



This isn't technically true. The part about expiration is true, but when it comes to acquisitions most of the time you have to write into the contract that it will be binding on your successors/assigns. In this case, I would not be surprised if that was not in the contract with Daybreak. Again, P99 has very little leverage as far as negotiating the contract goes, and if I were Daybreak's lawyer I would refuse to agree to that because you'd want to make sure it was easier to sell the IP to somebody if you wanted to in the future (and saying the agreement with P99 is binding on them could make it harder to do that).

I can sum up everything you just wrote with a single word: pedantry. Look, I'm no lawyer, but if you actually read my original post, the parts you left off agreed with you. I explicitly said that A) the details matter, and B) even if a company forms an iron-clad contract, there are still ways of breaking said contract (eg. dissolving the company).

But none of that matters, because for one thing this place existed for years without a formal legal agreement, and for another none of us knows the details of the agreement (except Rogean). Any discussion of the details is just "armchair quarterbacking". So while nothing you said was strictly wrong, it also didn't add or change anything germane to the conversation (ie. it was pedantic).

Ultimately what actually matters are the specific terms of the contract that Rogean and Daybreak signed. And while you and I might not know those details, Rogean does.

So until someone gives me a reason to think otherwise, I'm going to go by:

Originally Posted by Rogean [You must be logged in to view images. Log in or Register.]

Without going into any details regarding our agreement (because I can't), I'll speak very generically here.

It wouldn't make much sense for one to enter into any sort of contract of protection if said contract could be rescinded without breach.

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[Chortles Snort|eS]

No WoRrYs elf
Da elDeR elF cAbAl aLLYaNcE hAs internaTionAl serVerS ready for flIp dA SwiTch in da EvenT of a C&D

SiPd

[Donkey Hotay]

Originally Posted by NegaStoat [You must be logged in to view images. Log in or Register.]

I used to be a support GM / Trinity Core dev . . .

That was a very informative post. I'm glad I clicked past the first page of obvious trolling. Thank you.