Daybreak sues THJ

[Findlyn]

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

Regardless if DBG is running EQ into the ground. Fact is THJ violated IP laws, and I hope they get fucked for their brazen open monetization. "DBG BAD" is not a legal defense. As much as it may suck, whoever owns the IP is free to enforce or not enforce as they see fit. They were fine with the EQ Emu community cause no one was stupid enough to openly take money. Yeah there has always been rumors about behind the scenes stuff, but nothing ever proven.

Unlike THJ where you can calculate how much money they bring in, just based on as the buffs go out and how much it costs to maintain them. Even without the email, people were speculating before the document showed the email, they were pulling in at least 5 figures a month, up to or possibly over 30k even. So while the math might have been alittle off, THJ was always going to end up in DBGs sights.

Going to restate this caues I feel it needs to be done. As sad as it is, no matter how shit DBG is running EQ into the ground, its their right as an IP holder. You cant just violate IP's because you dont like the owner and what they are doing.

[F0rmsh1fter]

THF was better than thj tbqf

[Cecily]

I'm just mad there's nothing but clickbait titles on every video these days. TRUMP HAS MASSIVE BREAKDOWN 10 min video with some fucking nerd talking and it never ever lives up to the hype or the promised breakdown. It's lukewarm irritation at best, if the nerd even bothers to play a clip, and that's not entertaining. Same shit with the above video. Fuck your engagement farming. And fuck you.

[shovelquest]

What if DBG has been bluffing all this time about actual litigation with EMUs over their virtually dead game.

And THJ not backing down and going back at them just as hard is gonna have them just sell EQ to THJ lol

[Ekco]

>bluffing all this time about actual litigation
they have to do stuff for trademark law reasons iirc,

tl;dr but pretty sure it agreed with me

does "use it or lost it" apply to say for example the Everquest IP versus emulated servers
Yes, the principle of "use it or lose it" can apply to the EverQuest intellectual property (IP), particularly trademarks, in the context of emulated servers. However, it's more nuanced than a simple "use it or lose it" scenario.
Here's why and how it's relevant:

Trademark Dilution and Genericism: If a company allows widespread, unauthorized use of its trademarks without taking action, it risks the marks becoming diluted or even generic. If "EverQuest" becomes so widely used by unauthorized emulated servers that it loses its distinctiveness as a brand owned and controlled by Daybreak Game Company (the current IP holder), it could weaken their ability to enforce those trademark rights.
Copyright Infringement: Emulated servers often use copyrighted elements of the game, including the code, artwork, music, storylines, and characters, without authorization. While the "use it or lose it" principle primarily relates to trademarks, failing to enforce copyright against such widespread infringement can also weaken a company's overall position in protecting its IP.
Daybreak's Enforcement Actions: Daybreak Game Company has taken legal action against emulated EverQuest servers in the past, including the recent lawsuit against "The Heroes' Journey" (THJ). This demonstrates their intent to protect their IP and prevent the "use it or lose it" scenario from playing out.

Key Considerations

The Nature of Emulation: Emulated servers often recreate the game using the original game files and assets, raising clear issues of copyright infringement. According to Massively Overpowered, some servers operate with formal agreements with Daybreak, like Project 1999.
Monetization by Emulated Servers: Some emulated servers monetize their operations through donations or in-game purchases. This can further strengthen the argument that they are infringing on the official IP and competing with the legitimate product.
Protecting the Future of the Franchise: Daybreak's lawyers have argued that the existence of emulated servers, particularly those that are popular and well-established, threatens the "very existence of EverQuest itself", according to aftermath.site. This highlights the company's concern about the impact on their brand and ability to innovate and develop the franchise moving forward.

In Summary
While Daybreak Game Company might not face an immediate loss of trademark rights due to a single emulated server, continued and widespread unauthorized use without enforcement can certainly weaken their overall IP position. The recent legal actions demonstrate that Daybreak understands the importance of enforcing their IP rights to protect the EverQuest franchise, especially against projects perceived as direct competitors or those generating revenue from the unauthorized use of their assets.

[shovelquest]

Well doing this stuff, is not the same as going to court if THJ says, "ok lets go to court!"

[Reiwa]

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

I'm just mad there's nothing but clickbait titles on every video these days. TRUMP HAS MASSIVE BREAKDOWN 10 min video with some fucking nerd talking and it never ever lives up to the hype or the promised breakdown. It's lukewarm irritation at best, if the nerd even bothers to play a clip, and that's not entertaining. Same shit with the above video. Fuck your engagement farming. And fuck you.

My newsfeed is just like this, but about fighter jets.

[Naethyn]

Stupid

[Ekco]

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

My newsfeed is just like this, but about fighter jets.

based.

[Duik]

So trump is a fighter jet? I dont get it.
Apparently I'm immune to the metaphor.

Also. Lulz. My uncle was a uni professor (true) he taught someone who totally bombed out of college. 10 yrs after he died...
Stability of geniuses can be measured. Just sayen.
Also didnt bomb out of college. Just bombed.

Lulz.