Private RIP Extalia! CLOSED AFTER 4 YEARS!

[Snopboy]

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 their

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. They have likely realised that lawsuits take too long for an outcome and cost them too much, often for little reward.

Spoiler

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 (

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). 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:

Spoiler

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.

 

[PrinceReborn]

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.

If that is the case, it would make me wonder why they mention their ToU and EULA in all the court orders/complaints that I have seen, and why they decided to make changes to their ToU and EULA which used to basically say "We will sue your butt".

 

[maplefreak26]

-snip-

You and Nexon would only be giving up the right to sue if you both go through with binding arbitration. The EULA and ToU also forbids you to do a class action lawsuit, but you still can if you want to, it's not "illegal" but you'd be violating their ToU/EULA (and if Nexon tries to bring this up in court, the judge will probably throw it out). They ask for you to send them notice 30 days before beginning court proceedings. Also, 11.9 is just fluff that can be thrown out/ignored in an actual case. All this stuff is so Nexon can throw it at you and hope it sticks (and it usually doesn't).

Also, this is the EULA. So by even downloading the game files, you've technically agreed to the terms. " IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE ABLE TO ACCESS, DOWNLOAD OR USE THE SOFTWARE AND/OR THE SERVICE. " MapleStory client/game files would be the Software. Nexon's website, (interaction with) MapleStory's server would be the Service.

Meaning, If you make a private server and you've created an account with any of Nexon's branches (Korea, EU, NA) before or downloaded/launched their client, you've accepted their terms and thus you are in immediate violation of them. You're also in violation of the copyright laws in your respective country (and you're probably living in a country that has good relations with the US--which is a good thing (for Nexon) if Nexon were to go after you), but it means nothing if the copyright holder does nothing about it.

Also, Nexon Korea is the copyright holder. So they will likely be the ones that will go after you (most recent Maple lawsuits/DMCAs/C&Ds have come from NxK). NxA just has the license to carry the MapleStory trademark in the US and other countries (but NxA can still go after you themselves if they wanted)

(Disclaimer: Not a lawyer, ask a professional for legal advice)

 

[Snopboy]

Basically these agreements are there to allow them to do whatever they want within their services without being subjected to legal consequences for these action, I.E. a player has made a private server/using hacks or whatever, with their agreements, which you agreed upon downloading and registering, will allow them to ban your account, with all the NX you bought there (which is considered to be a product) without being liable for lawsuits resulting from taking such a step.
Should you simply ban people without these agreements, you're basically subjected to lawsuits (i.e. preventing access to your service with no valid justification, NX = real money, thus this can be problematic when they're preventing access for people who bought their product - NX for real money).
Preventing access to ones service can be fought in court as a discriminatory move and many other excuses, these agreements basically give them the right to terminate the service/prevent your access without having to risk it all in court - because you as the player accepted these conditions and thus giving up your right to sue them for taking such actions.
Also this means you will not be entitled for refunds in cases where you account was block for any reason, your NX which you bought for real money - is gone and so is the money you used to buy it.

For example:
Using hacks within their services is not a violation of any law, without these agreements you can literally sue them in court for preventing your access to the game/banning your account for hacking.
In the eyes of the law, cheating in online games (depending on your method, should you DDOS their services to dupe items - that's violation of international law for cyber security and all that, hacking their database to add your account NX or anything that's a violation of international law) is not a violation of the laws.

 

[Nebula]

Played Extalia for a few weeks. I myself never cared for it and only played because a large chunk of a guild from one of the v83 servers I used to play went there. That being said, I hate all versions past v97.

 

[tokyodrift]

Damn, I got the urge to play MapleStory again recently and was gonna give Extalia a try.

 

[Renato Gamarra]

I miss extalia and the people i met there wow
Nyxus