Initiate Mage
- Joined
- Sep 29, 2013
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Illegal in the sense that you are breaching the original game's ToS. However, if you have never played the game/agreed with their ToS - technically speaking your server (if it is not for profit) should fall under fair-use. This should also apply if you never tampered with their files but obtained them from a third party.
Fair-use criteria:
"Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use"air use."
I could be wrong in this regard however, this is just speculation.
*Disclaimer*
I am in no way trying to promote or justify illegal private servers who aim is to willfully infringe and steal revenue from their copyright holders. What I am trying to discern is the legality of running a private server for the purposes of learning coding languages/game administration.
Any server running fiesta (other than Ignis) and is running the official server software leaked/hacked from different types of publishers. and because of that server software for fiesta that is used by anyone other than the publishers or developers is stolen software, therefore it is illegal. Please correct me, if I am wrong.
also as this forum has mostly got stolen files for all types of games i dont think much people care if its illegal or not....
It has nothing to do with Terms of Service, but everything to do with the copyright, it also depends on how far the publisher/developer want to go when they knock on your door, they could target your payment portals and be done, or they can target everything you have and try shutting you down, just depends on how big you are of a threat to them and the money they're willing to invest to take you down, remember, this costs dollars to them as they need a legal team to go through all the rigmarole.
There is also no coding in private servers, for years I've seen people talk about how they "program the game", there's Ducking nothing to do with programming to maintain a server, the only programming occurs with the tools to manage the server, which can also be obtained from the client, so in reality, there's no need for a server to develop with, all you're doing is changing parameters, THIS IS NOT PROGRAMMING IN ANY WAY/SHAPE OR FORM.
If you setup a private server locally somewhere to reverse engineer packets/database procedures etc, that's a different story, but even this step doesn't require a public server and is just as illegal, so any clown out there with a private server saying it's for "development" purposes is just some jackoff not willing to be liable for the crappy service they provide, because they can then just re-state that the server was for development purposes only (which ain't true, anybody who has a public server with donations is in it to earn some bucks).
EmulatorsRUs.
I gave too many fucks with this post.
I find it funny whenever people try to justify what they're doing is legal. Here on Ragezone, everyone's a lawyer.