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[Tann]

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

Realistically, no. THJ was nearly a year into their development, with more really since they piggybacked off the previous works of the two devs when they started. It's like imagine the theoretical that P1999 was shut down, would they try to replicate it? There's an audience for it, but emulator servers work under the blessing and curse that they use an old client of the game and then dev time doesn't really translate into much of anything the live servers could duplicate without putting close to an equal amount of time into to make things work on the live client. Think of WoW classic, they had to get players to download an old client because it was simply too much effort to try and rewind the live servers to get the classic feel.

My predictions on what Daybreak does after THJ shutters would be:
1- Nothing. They eliminated competition, I doubt they have the manpower or appetite to do much soul searching as to why Fangbreaker failed.
2- Some future progression server that cuts every corner to try and mock up the THJ experience. THJ was basically "what if Everquest was a Diablo-like solo gaming casual friendly experience". So expect something to try and achieve that but that requires as little dev time and effort as possible to do so.

3 - Daybreak offers THJ two options:

• Be sued into homelessness
• Give us all of your source code, server settings, system32, etc.. so we can launch our own shitty version with krono instead of THJbux

[Reiwa]

To prove your community is brokies, just file a pro se petition in forma pauperis.

[shovelquest]

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[cd288]

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

And if you haven't been materially harmed you don't get to got relief.

It doesn't need to be material for IP infringement. You're using their IP, that's the standard.

If you're seeking punitive and/or consequential damages (i.e., anything other than direct, quantifiable damages), you might have a hard time getting a significant amount if it wasn't material.

But you certainly don't need to prove any form of materiality to get a court order to make them stop using your IP.

[cd288]

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

3 - Daybreak offers THJ two options:

• Be sued into homelessness
• Give us all of your source code, server settings, system32, etc.. so we can launch our own shitty version with krono instead of THJbux

Honestly the source code will almost certainly be something THJ is ordered to turn over. They'll be ordered to give Daybreak anything generated based on/involving the IP.

[Reiwa]

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

It doesn't need to be material for IP infringement. You're using their IP, that's the standard.

If you're seeking punitive and/or consequential damages (i.e., anything other than direct, quantifiable damages), you might have a hard time getting a significant amount if it wasn't material.

But you certainly don't need to prove any form of materiality to get a court order to make them stop using your IP.

Would they issue a universal injunction?

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[shovelquest]

Monorail.

Monorail.

Monorail.

[cd288]

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

Would they issue a universal injunction?

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In an IP case, maybe. Depends on what Daybreak decides to argue.

It's of limited value though as you'd still have to file to enforce the injunction against other servers if they didn't cease operations. While that's certainly easier, in an IP case that's as clear cut as one against an emulated server is, saying "hey they are violating an injunction tell them to stop" isn't that much different than saying "hey they are using my IP without permission tell them to stop".

[Reiwa]

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

In an IP case, maybe. Depends on what Daybreak decides to argue.

It's of limited value though as you'd still have to file to enforce the injunction against other servers if they didn't cease operations. While that's certainly easier, in an IP case that's as clear cut as one against an emulated server is, saying "hey they are violating an injunction tell them to stop" isn't that much different than saying "hey they are using my IP without permission tell them to stop".

See you this Thursday.

[atomicpaul]

Finally, I can post IANAL on the p1999 forums