Questions regarding DMCA for Private Servers

[JTust]

Hi everyone,

I currently operate a private server for an old video game that now isn't running anymore. I was wondering if anyone had any information regarding how DMCAs work and whether there are any solutions to preventing cease and desist/takedown requests.

From the research I have done, it seems like the basics are to move your host over to off-shore hosting in a non-DMCA compliant country like Russia, alongside web and domains. The one problem I am trying to tackle is PayPal, as I do take donations for the server.

I would like the advice of people on RZ since many of you guys have had experience with this:

What do you do when you get a DMCA? What do you do when players threaten to contact the original devs because they were banned?

Thank you for whomever can respond.

 

[master_unknown]

How are you getting DMCA'd for a defunct game?
Isnt US has a LAW to freely revive a dead game? (Example: Need for Speed World)

 

[JTust]

I was more so asking if there was a possibility of it happening. Does the US have that law in effect now?

 

[aVVe]

To be fair:
- emulating game servers with alternative programing languages, like Java for example, is fine based on GNU license, and doesn't matter if its open or closed project,
- using leaked / stolen official server files is illegal in every way - doesn't matter if the game is dead or old. You don't have any rights for using leaked / stoled official server files. They are simply not Yours. Latest or older revisions - doesn't matter.

Moving server to "off-shore" hosting won't change anything for You. If You are using official server files, You may get some problems, BUT...
There are tons of private game servers for dead / discontinued games - like BF2 for example, and original owners doesn't really care. Why? Because this extends life of the game and You are no threat or competitor for official live game server because it's already closed.

So for older / discontinued games, which live game servers are closed, it is still illegal to use leaked / stolen official game server files, but 99,9% of game devs won't really care about You opening a game server for theirs discontinued game. Same story goes with editing game client files - even tho You bought the game few years ago, You don't have any rights to edit / change ANY of the game client files, but...again - it's a dead game, and most of the game devs won't even care a single bit.

Now, make some reasearch and check if the game is old enough so the official game servers are closed now. If yes, and there are absolutely no informations about unofficial game servers beeing closed then imho You should be just fine. If the game is old and discontinued at this point, You are making no harm by extanding the life of a dead game

In case of PayPal - the most problematic case would be if You were making money for Your personal use based on the server donations. You can always say it only for bills and paying hosting company, but again - everything can be be questioned.