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There's a lot of talk about lawsuits but from what I gather from Nexons EULA is that Nexon can no longer file lawsuits. Based on what is written in section 10.2 of theirYou must be registered to see links. They have likely realised that lawsuits take too long for an outcome and cost them too much, often for little reward.
10.2 Binding Arbitration.
10.2.1 If a Dispute cannot be resolved through negotiations, then the Dispute must be submitted to binding arbitration (except for the circumstances described in Section 11.4). Arbitration of a Dispute shall be a final and binding determination on you and Nexon. You should review this provision carefully. This arbitration provision limits your and Nexon’s ability to litigate claims in court and you and Nexon each agree to waive our respective rights to a jury trial.
10.2.2 The arbitration shall be commenced and conducted under the Streamlined Rules of the Judicial Arbitration and Mediation Service (the "JAMS") or, where appropriate, the JAMS International Rules, both of which are available at the JAMS website (You must be registered to see links). This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration.
10.2.3 An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND NEXON ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
Additionally, I find 11.9 also interesting:
11.9 Equitable Relief. You acknowledge and agree that due to the unique nature of this Agreement, there can be no adequate remedy at law to compensate Nexon for your breach or threatened breach hereof; that any such breach or threatened breach will allow you or third parties to compete unfairly with Nexon resulting in irreparable harm to Nexon that would be difficult to measure; and, therefore, that upon any such breach or threat thereof, Nexon shall be entitled to injunctive and other appropriate equitable relief (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, hereunder, or otherwise.
This only applies to Nexon's inhouse services, such us playing their MapleStory server or using their websites.
By making an illegal server of their franchise, MapleStory, you're not subjected to their EULA and/or Terms Of Service/Terms of Conduct/Terms of Use/<insert whatever other agreement you want>.
By making an illegal MapleStory server you are, in fact, in direct violation of Federal law, and violation of world-wide recognized copyright laws.
What goes outside of Nexon's services is not subjected to their EULA/ToS but only to the local and world-wide laws, making you, very, very ,very vulnerable to a lawsuit, if your server succeeds Nexon will get to you, sooner or later.