When I read what dan posted I just basically Laughed my ass off. Nexon wants to sue everyone, now that's sayIng something. So how are they going to find everyone responsible? Track IPs? What a joke.
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As a student i am interested in some main arguements. Im sure these relate, but im not sure what the retaliation arguements would be.
Firstly, i'd like to point out a relation between "parody" and "Server emulator". In the case that the creators of such emulators are run as an entirely donation based organization which is not run for profit whatsoever are they not free from Copyright laws? Are private servers not our interpretation of MapleStory as parodies are to songs?
Does the arguement "Strictly for learning purposes" not relate when the organization is not profit or sales based?
Does RZ's ToS not protect mental whatsoever, when it surely points out that ragezone is not responsible for what its users post? (Plus the fact that he is not bound by Nexon's Tos?)
I wonder if anyone has done their research.
I have hardly done so, perhaps one of you can outline the flaws in my points - without flaming or saying anything like "google it".
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Last edited by ChaoticTrout; 14-07-11 at 01:15 PM.
That's the thing. They cannot claim copyright nor trademark infringement on source code because it is that, code. The code is the property of the writer but to validate it you must at least produce verification of such claim. In a court the code in question would need to be analyzed and compared which would be an expensive and lengthy process.
BrazilMs I do not follow but if they did steal code then ultimately that is nothing to with me, hell... I don't know 90% of the teams, emu names or anything else, I never played MapleStory and I do not know nothing about it.
Nexon and MapleStory are trademarks and the imagery related to it also belong to the Nexon corporation. We do not distribute or produce any imagery related to Nexon and MapleStory but if Nexon did want to clutch at straws then they could hold accountable user avatars and signatures. If Nexon would want to compare code and send me proof that it is indeed taken, stolen or anything else I'll happily look over it.
What I do not want to see is the term "hack" "rogue" "illegal" or anything so preposterous that It will just anger me due to negligence on the part of the lawyer. I've actually contacted Lloyd Korn to resolve the matter as indicated in a previous message sent to a third party about me (about me and not to me btw) so, it's just a waiting game.
Nexon's good at that game. Isnt odinMS still waiting? ^^
Naturally we must understand that Lloyd's writing must be heavily biased. As a lawyer he can not act impartial, he must use powerful words and harsh language - its what he's paid for.
Last edited by ChaoticTrout; 14-07-11 at 03:14 PM.
Why don't we all (Nexon included) wait for the outcome of OdinMS? If OdinMS is deemed to be illegal then they'll have a valid argument.
Last edited by maplefreak26; 14-07-11 at 08:20 PM.
OdinMS was actually a somewhat professional team (compared to the development teams we have now) so if anybody has a shot at beating Nexon it's them. I think Nexon realized they couldn't beat OdinMS and decided to go after a bunch of teenagers; much easier to intimidate ;)
Right, this is our DMCA policy (Even though we have strict terms regarding companies such as Nexon to which they did not abide by);
DMCA POLICY
And here is the quoted information;
United States Code: Title 17,512. Limitations on liability relating to material online | LII / Legal Information Institute
I think Lloyd knows rz isn't sue-able. But he will use terrorism to try and get the section or even the forum shut down.
As for OdinMS. I've been following their website updates ever since it went down. If it is all true, i feel sorry for the devs. I do wonder howmuch donations they have gotten, though.
Last edited by Kars; 14-07-11 at 09:10 PM.
(1) Limitation on liability.— A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the intermediate and temporary storage of material on a system or network controlled or operated by or for the service provider in a case in which—
(A) the material is made available online by a person other than the service provider.
Taken from; § 512. Limitations on liability relating to material online.
Therefore then this should not even be a problem?
What we know about Nexon is that they go boom boom boom without thinking anything through. They've proven incompetent to even uphold a somewhat stabile service for their gamers. Lloyd is under their command. This is all just a big joke. Nothing more. The OdinMS case is costing them alot of money. One thing they're not looking for is even higher legal costs. And by the looks of it if they'd sue RaGEZONE, they'd lose. So to try that,.. They wouldn't.
You shouldn't worry.
Last edited by Kars; 15-07-11 at 12:04 AM.