Daybreak sues THJ

[Irespectwomen]

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

DBG cared about how THJ had a higher concurrent player base on an everquest server since the early 2000's.

Especially after their TLP launch flopped 1 month before the lawsuit.

The only greedy people here are DBG.

Good business would have been to host the THJ server on DBG servers and aquire the devs and make everyone happy.

But DBG got greedy.

THJ just made a better game.

Holy shit man your logic is God forsakenly stupid. I already mentioned how THJ could have created their 'better game' and profited without digging themselves a grave. However they chose a business model for maximum profits despite it all, that is greedy.

[onmove_broke]

Regardless of what anyone thinks, anybody other than DBG who uses EQ IP is legally not allowed to unless they gave them permission like they have P1999. Just like Samsung cannot start making iphones. It is pretty cut any dry and any court worth a damn will side with DBG.

I'm not even sure why DBG needs to explain itself any further than "THJ is using our assets without our permission".

[Reiwa]

Equitable estoppel

This common-law doctrine prevents a party from asserting a claim if their previous conduct or statements led another party to believe a certain outcome, and that party relied on it to their detriment.
In patent law, it may prevent a patent owner from enforcing their patent against an infringer if they previously misled the infringer into believing they would not enforce their rights.

In trademark law, equitable estoppel (also called acquiescence) can be a defense to infringement. It applies if the trademark owner's past conduct or inaction indicated approval of the defendant's use of the mark, and the defendant relied on that apparent approval.

[vales]

you can use that as a defense against damages but not to continue operating the server

[Ekco]

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

Equitable estoppel

This common-law doctrine prevents a party from asserting a claim if their previous conduct or statements led another party to believe a certain outcome, and that party relied on it to their detriment.
In patent law, it may prevent a patent owner from enforcing their patent against an infringer if they previously misled the infringer into believing they would not enforce their rights.

In trademark law, equitable estoppel (also called acquiescence) can be a defense to infringement. It applies if the trademark owner's past conduct or inaction indicated approval of the defendant's use of the mark, and the defendant relied on that apparent approval.

[You must be logged in to view images. Log in or Register.]

[Infectious]

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

Regardless of what anyone thinks, anybody other than DBG who uses EQ IP is legally not allowed to unless they gave them permission like they have P1999. Just like Samsung cannot start making iphones. It is pretty cut any dry and any court worth a damn will side with DBG.

I'm not even sure why DBG needs to explain itself any further than "THJ is using our assets without our permission".

Because DBG wants them to hand over all their code and they dont to.

[shovelquest]

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

Holy shit man your logic is God forsakenly stupid. I already mentioned how THJ could have created their 'better game' and profited without digging themselves a grave. However they chose a business model for maximum profits despite it all, that is greedy.

Oh go tell a woman about it.

[shovelquest]

Greed isnt

"wow cool this is a fun way to do donations"

you fucking commie sock puppet.

[shovelquest]

Greed is litreally some jack boot thug buying an IP with zero intention to develop it just to make a meager amount of money selling products to junkies that pay for 18 different accounts to play a game that the core fan base left because the owners of the IP hate them.

[Xathos53]

It's about the money. Irreparable harm is loss of money. We do not know how many THJ players were paying to play on DBG and either continued to do so or stopped paying to play on DBG. But DBG can do basic math and see how much their cash flow for EQ dropped when THJ came out.

Another point is that we've seen EQ emus come and go over the years. This is the first time DBG has gone after one. The main difference is the fact that THJ was collecting money far beyond what was needed to sustain a server. They were charging for all kinds of things and that was clearly noted in the lawsuit.

When they tell you it ain't about the money, it's ALWAYS about the money! - Bob Kendrick