How do you justify not paying for EverQuest?

[Tethler]

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

permission was given like 2 owners ago, someone named EG7 owns the IP now, that agreement hasn't been valid since like 2018 or something

I'm not a lawyer, so I don't know IP law. Are you?

What I do know, is that Daybreak gave permission for p99 to operate. While Daybreak was acquired by a larger company in like 2018, Daybreak is *still* managing Everquest. Whether that invalidates an agreement, I don't know. It's been like 7 years since the acquisition and p99 hasn't been forced to shut down, which leads me to believe that the deal is still on.

[NopeNopeNopeNope]

Originally Posted by u2024 [You must be logged in to view images. Log in or Register.]

You like justifications? I hope you like to read.

1. A restaurant (or a grocery store) chucks expired food into a dumpster behind the building. The trash is not a promotional item or a complementary item intended for paying customers, and most people won't even consider looking at it, but a few old and homeless drug addicts are happy to eat it, especially after it starts to ferment and sprout various strange smelling mushrooms.

Restaurants deliberately ruin their food before throwing it out. My cousin that used to work at a restaurant had to pour paint on food before it was placed in dumpsters

When I worked in a retail store as a teen, my favorite part of the job was being ordered to break to pieces any products we were throwing out to prevent dumpster diving

And in the spirit of crazy tangents like this post…..

…When I don’t get sleep I don’t really get cranky like most people. I do definitely get dumb though. Sorta like drunk minus the fun parts. Just slow and stupid. And last night I for some inexplicable reason had an icepick headache for hours that 4 Advil couldn’t touch. This resulted in only like 2-3 hours sleep. I should have called out of work but didn’t

So I can’t at this time think or remember clearly enough to try to sus out who this might be. But I did read more of this rambling tirade than I had expected to. So bravo if this is a person. I guess go fuck yourself if this is an AI bot though. Or go cybersex some desperate maladapted nerds or whatever else you AI bots do. But I think there is a chance this is a person and like I said, interesting post for a TLDR

[Ekco]

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

I'm not a lawyer, so I don't know IP law. Are you?

no, but i did stay at a holiday inn express last night and also not retarded. all it takes is a C&D letter not like they are going to pay for lawyers to defend a emu project on the grounds of a non legally binding handshake agreement made by people that don't own the property anymore

the ip was first purchased by a Russian holding company and now a Swedish one, the entire business model of these companies that acquire zombie mmos is just squeeze what little value is left in the IP without doing any investment into it

don't get mad cause literally everything in this statement is false

"What did I steal? I purchased the game for playing on the live servers. The company managing the IP has given permission for p99 to operate. Using the game I purchased to play on servers sanctioned by the IP holder is stealing?"

its illegal if they decide to care, just everything else discussed in the last 4 pages. from the TOS in the clients being different and not saying shit about it to who owns the IP and who's permission actually matters.

[Tethler]

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

no, but i did stay at a holiday inn express last night and also not retarded. all it takes is a C&D letter not like they are going to pay for lawyers to defend a emu project on the grounds of a non legally binding handshake agreement made by people that don't own the property anymore

the ip was first purchased by a Russian holding company and now a Swedish one, the entire business model of these companies that acquire zombie mmos is just squeeze what little value is left in the IP without doing any investment into it

don't get mad cause literally everything in this statement is false

"What did I steal? I purchased the game for playing on the live servers. The company managing the IP has given permission for p99 to operate. Using the game I purchased to play on servers sanctioned by the IP holder is stealing?"

its illegal if they decide to care, just everything else discussed in the last 4 pages. from the TOS in the clients being different and not saying shit about it to who owns the IP and who's permission actually matters.

Inaction over a period of years speaks volumes, and it's not like p99 is some big secret server, it's well known. If the new holding company wants to change or cancel the previous agreement, there is nothing stopping them from doing so. The company actively managing the game hasn't altered the status quo, so why should I as a user, feel anything about it when the most recent information is that it's sanctioned?

This whole thread is nonsense. When they publicly change their stance, then we can have this conversation.

[Ekco]

"Inaction over a period of years speaks volumes" yeah that's the legal case, but you're going to have to pay couple hundo a hour to have someone argue that point and the company will just drag it our in court as long as possible, that's the legal meta.

>This whole thread is nonsense.
Yes. 7.41% of the forum is RnF and Off topic. 0.0* something % if you include all the sub-forums of the 92.59% of https://project1999.com/forums/index.php strictly dedicated to the game, the server, and playing it exclusively

yet you come to the nonsense black hole at the center of the p99 universe and have the gall to complain about it

for a Vulcan you're illogical as fuck.

[Tethler]

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

"Inaction over a period of years speaks volumes" yeah that's the legal case, but you're going to have to pay couple hundo a hour to have someone argue that point and the company will just drag it our in court as long as possible, that's the legal meta.

Nobody will need to pay a dime unless the holding company decides they want to change the status quo. Until that occurs, no justification is needed to play this 26-year-old elf sim.

When I said the whole thread is nonsense, that was referencing the implication in the OP that any justification is necessary, and for the reasons I stated, I don't believe that to be the case.

[Reiwa]

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

Hey now Windows is great, for example today win10 informed me that in october it won't be supported anymore, and the PC I built 2 years ago can't upgrade to 11 without some kind of horse shit physical security chip or some god damn stupid bullshit.

Latest windows update just uninstalled wordpad without asking. I love technology.

[cd288]

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

I'm not a lawyer, so I don't know IP law. Are you?

What I do know, is that Daybreak gave permission for p99 to operate. While Daybreak was acquired by a larger company in like 2018, Daybreak is *still* managing Everquest. Whether that invalidates an agreement, I don't know. It's been like 7 years since the acquisition and p99 hasn't been forced to shut down, which leads me to believe that the deal is still on.

I'm a transactional attorney. Usually these types of contracts will have clauses that they are binding on successors or assigns (i.e., anyone who purchased Daybreak). Usually the purchaser then factors that into their purchase decision/purchase price while they are conducting due diligence on the target company. I would be surprised if the original P99 agreement with Daybreak does not have that.

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

all it takes is a C&D letter not like they are going to pay for lawyers to defend a emu project on the grounds of a non legally binding handshake agreement made by people that don't own the property anymore

the ip was first purchased by a Russian holding company and now a Swedish one, the entire business model of these companies that acquire zombie mmos is just squeeze what little value is left in the IP without doing any investment into it
ctioned by the IP holder is stealing?"

its illegal if they decide to care, just everything else discussed in the last 4 pages. from the TOS in the clients being different and not saying shit about it to who owns the IP and who's permission actually matters.

Well I for one would do it for free if P99 needed help. C&D letters are also meaningless...half the time the person sending it won't do anything if you ignore the letter, it's just a hail mary to try to scare the person and hope they stop.

If a court case was actually filed, there are multiple additional arguments. One being promissory estoppel. The owners of P99 have been spending money to run servers in reliance on the contractual promises in the agreement to allow them to do so. As such, you can't just pull the rug out from under their feet.

The inaction over several years is also an argument P99 could make. That will depend on specific state laws though...we'd have to see the agreement to see if it specifies which state's law governs.

[cd288]

To add, the argument of "P99 wouldn't want to pay to litigate" also goes both ways. I doubt the IP owners would want to pay to litigate to shut down servers that have like 1,250 people total...probably at least half of whom don't like TLPs or otherwise wouldn't switch to playing TLPs out of spite for them shutting P99 down. Realistically it would gain them nothing...especially if P99 could get lawyers to help them pro bono so the only one bleeding legal fees is the IP holder.

You don't think Daybreak did that math before agreeing to allow P99 to operate? Of course they did. The current IP holder probably has also.

[Ekco]

is cd288 a chatbot i forget. either way, here's my chatbot's response.

The notion of Daybreak entering into a formal contract with an emulator project is perplexing. Wouldn't a more likely scenario be an informal, tacit understanding? Daybreak, perhaps, sought to appease their existing player base (many of whom likely utilized emulators) to avoid alienating potential EverQuest Next customers. This 'inaction' over several years, given the inevitable cycle of IP ownership changes in the gaming industry, raises questions. Why would any company intentionally diminish the value of an asset they knew they might eventually sell by formally aligning with an emulator project?