Sued for hosting - Is it possible?

[Zaggyzigzig]

Is it possible to be sued for hosting an Open-Tibia Server or re-creating something that basically already has a copyright issued to it? Or is this for the newest versions of open tibia, Does anyone know this?

 

[Samuro]

If you use Tibias Client and have a shop and/or donation system (I think?)

 

[Beo]

If you use Tibias Client and have a shop and/or donation system (I think?)

No

It's not illegal, however using the tibia client to connect to otservers are.

But I'm not sure if this has changed recently this is how it was a few years back

 

[Peonso]

Everyone here is breaking intellectual property laws either locally or internationally. If you charge for stuff or not doesn't matter, you are using their client, or graphics or even mimicking the entire game without permission. The point is that CipSoft never moved a finger ever against pirate/OT servers.

Never saw one, but probably there is, a server with similar game play, but everything totally custom, sprites/client. Well, if you aren't using anything from CipSoft at all, there wouldn't be a problem.

 

[Deleted member 49793]

Everyone here is breaking intellectual property laws either locally or internationally. If you charge for stuff or not doesn't matter, you are using their client, or graphics or even mimicking the entire game without permission. The point is that CipSoft never moved a finger ever against pirate/OT servers.

Never saw one, but probably there is, a server with similar game play, but everything totally custom, sprites/client. Well, if you aren't using anything from CipSoft at all, there wouldn't be a problem.

They did against realots D: That was several years ago though

 

[Peonso]

They did against realots D: That was several years ago though

I did a fast research and found nothing. But you are right, there was a story about CipSoft legaling threating a server, that shutdown sooner after, but we never saw a official note from CipSoft nor it happening again or lately. It also could have been just an excuse or false rumors.

 

[Xikini]

They did against realots D: That was several years ago though

Realots was a direct rip of their files, with experience change to 3x. They never added or changed anything from the ripped files. (as far as I remember.)
Most likely this is the reason they would have had a case against them.
Using/modifying their client can definitely be frowned upon, however using cipsoft's sprites to obtain money is illegal.
However.. Note that Cipsoft themselves cannot make the case, they would need co-operation with the other company their base sprites are used from in order to make any claims against you.

 

[Deleted member 49793]

I did a fast research and found nothing. But you are right, there was a story about CipSoft legaling threating a server, that shutdown sooner after, but we never saw a official note from CipSoft nor it happening again or lately. It also could have been just an excuse or false rumors.

I only know this cause the owner of realots at the time was the guild leader of the guild i was in on Balera. But like Xikini said it was a direct rip.

 

[Samuro]

I thought it was specifically the tibia client, and that's why we have otclient these days

 

[Beo]

I thought it was specifically the tibia client, and that's why we have otclient these days

It is.
Realots is because they used ripped as said above.

The only thing illegal is connecting with the tibia client as your modifying it

 

[Worr]

Is it possible to be sued for hosting an Open-Tibia Server or re-creating something that basically already has a copyright issued to it? Or is this for the newest versions of open tibia, Does anyone know this?

Depends on what server. Anything and anyone can be sued but I would say it's possible if you host donation server on the newest client, with many players. If you hosted a custom server as a hobby project, I doubt anyone will.

 

[Printer]

Why is everyone talking about donations?

Don't use copyright shit, you will not get sued.

Simple as that.

 

[Peonso]

It is.
Realots is because they used ripped as said above.

The only thing illegal is connecting with the tibia client as your modifying it

That's totally wrong. Modifying the client is against CipSoft terms of use, with will allow them to apply their own sanctions, like banning an account, it's not against the law. Violating intellectual property/copyright is what is sueable.

Why this thread is even a poll, as if the wrong and false information spread among the community would change what is real or not.

 

[Zaggyzigzig]

That's totally wrong. Modifying the client is against CipSoft terms of use, with will allow them to apply their own sanctions, like banning an account, it's not against the law. Violating intellectual property/copyright is what is sueable.

Why this thread is even a poll, as if the wrong and false information spread among the community would change what is real or not.

I am not looking for false information, The poll is simply to conduct more information for myself, I will judge if it is illegal and if so what is illegal about it based on this forum/poll i have created, This is for my own personal use, And for the community of Otland to read... I think this information is quite relevant to the creators of ots.

 

[J.Dre]

Is it possible to be sued for hosting an Open-Tibia Server or re-creating something that basically already has a copyright issued to it? Or is this for the newest versions of open tibia, Does anyone know this?

When something is copyrighted, it is done so to protect any original creation, and grants the holder of the copyright exclusive control over when, how, and by whom their work may be copied, distributed, or exhibited. Copyright law does not protect the underlying ideas of a creative work. So, in essence, you may alter any of Tibia's sprites (even a single pixel), and as long as you give credit to them, you are technically safe under the Fair Use Act, as you could argue it is promoting innovation and encouraging growth.

CipSoft GmbH is by no means willing to waste resources on pursuing legal action against some kid who makes pennies compared to what they do (per month). If you have 50,000 players and are using their materials without express permission (or alterations), and at the same time making millions of dollars per year, then it would be wise of them to file a lawsuit against you. But if you ever get this far, you'd be a fool not to change your ways. Because if this ever happens, you'll probably end up in jail and bankrupt.

So, yes, it's technically possible... Will it happen? No. Stop worrying and have fun! You're just wasting time and energy doing so.

P.S. Of course, it is morally (and ethically) wrong to use others' works without giving credit. I'm not encouraging this. Always give credit and ask for permission.

 

[Codex NG]

When something is copyrighted, it is done so to protect any original creation, and grants the holder of the copyright exclusive control over when, how, and by whom their work may be copied, distributed, or exhibited. Copyright law does not protect the underlying ideas of a creative work. So, in essence, you may alter any of Tibia's sprites (even a single pixel), and as long as you give credit to them, you are technically safe under the Fair Use Act, as you could argue it is promoting innovation and encouraging growth.

CipSoft GmbH is by no means willing to waste resources on pursuing legal action against some kid who makes pennies compared to what they do (per month). If you have 50,000 players and are using their materials without express permission (or alterations), and at the same time making millions of dollars per year, then it would be wise of them to file a lawsuit against you. But if you ever get this far, you'd be a fool not to change your ways. Because if this ever happens, you'll probably end up in jail and bankrupt.

So, yes, it's technically possible... Will it happen? No. Stop worrying and have fun! You're just wasting time and energy doing so.

The Fair Use Act is a proposed United States copyright law, I don't recall Regensburg being mentioned as one of the 50 states or a U.S. territory.
https://en.wikipedia.org/wiki/FAIR_USE_Act

 

[J.Dre]

The Fair Use Act is a proposed United States copyright law, I don't recall Regensburg being mentioned as one of the 50 states or a U.S. territory.
https://en.wikipedia.org/wiki/FAIR_USE_Act

Most jurisdictions throughout the world recognize some type of “fair use” exception to trademark / copyright infringement. As a matter of fact, I think parliament recently voted on such a matter back in April or May. You just have to do a little digging to find the specifics. But as I said in the post above, it's really not worth losing sleep over.

It can technically happen, yes. You should assume it will until proven otherwise, but it probably won't. Don't sweat it.

 

[Printer]

I quote what @Mark said:

There is so much misinformation in this thread. Most of the statements are based on assumptions, what people think is correct, they are not facts or laws, they are assumptions which would not hold up in court. All laws are not international, and therefore it can make a big difference which country you live in.

If you are really worried, I suggest that you consult a lawyer and not people who think they know how CipSoft operates.

 

[J.Dre]

I quote what @Mark said:

How "CipSoft operates" has nothing to do with this. It's based around general operations of any business or individual.

 

[Printer]

How "CipSoft operates" has nothing to do with this. It's just business in general. Even you can file for a copyright.

It has all to do with this theard. When people start to assume how CipSoft operates.