Sued by donations.

[Delirium]

@Scripter5: True, but a shop can just stop asking too. Make a donation too them first. Get some points for that. Then you can use the point to shop with. Actually most countries will define it as if you had a netshop where you pay with virtual money.

Also to be noted, you can't take profit from the donations I think.

@Delirium: Actually they are breaking the law if redistribution is illegal. Also I don't think they allow modification of their software, it's basicly on the same legal status as patching away copyright protection etc.

It all comes down to what the law of your country says. Not whats in the EULA.

Talaturen told on a thread that connecting on a server is just against their EULA, I just "quoted" him.

 

[otlandz]

stian, like i said before, is just acting like he actually knows something but actually hes just a plain retard acting cool.

 

[ntmr]

summarizing: host a server is legal, use the Tibia client in any other way than connect to Tibia's game servers is not legal.

 

[Apollo]

Hosting a server is LEGAL.
Playing on an open tibia server is ILLEGAL.


CIPSoft would never want to sue an Open Tibia Server. In my point of view, and by my experiences, CIPSoft leeches ideas from Open Tibia Servers.

And plus, there are soooo many open tibia servers and people who play them, if they were to sue one, they would have to sue every single one of us that logs onto a server.

 

[elf]

Hosting a OT isn't illegal? Using the Tibia client to connect to an OT that's illegal. :$ (copyright shit or something.)
Or am I wrong?

You're right.

Hosting isn't, as long as it uses the client with no profit purposes.

You're wrong.

That's why Pokemon Online has 2400 players online everyday and never got sued, they have their own client but some same sprites (sprites are not copyrighted).

They don't have an own client such as they don't have own sprites. Actually they can get sued by:
- OpenTibia: for not publishing sources, since its under GNU GPLv3 what forces them to do release on request,
- CipSoft for modifying and using their client,
- (and) Nintendo for stealing sprites.

Wow... 2400 PlayerS? Damn no life... I wonder what kind of server there using.

otserv 8.11.

I just had a look through CipSoft's legal documents, and they do not specify ANYTHING in their legal documents regarding using their client to connect to other servers. So...

Hosting a server is not illegal.
Connecting to a private server with the tibia client is not illegal.

However!
Modified clients is illegal.
This because you are basically taking something which belongs to CipSoft, altering it, and then you redistributing it.

This can be compared to downloading a song made by Britney Spears (Or any other artist), removing her singing and replace it with yourself singing, and then giving out the song and claim its yours.

So you are in the green as long as you do not offer a modified tibia client.



As for donations, those are okay as long as they are defined as "donations" all over the site, and not as "cash-shop items", "Cash items" or anything else implying that the users is BUYING in-game items/services from you.
This is because donations is defined as users willingly giving you their money to support the server, and then perhaps getting something in return for their donation.

However cash shop items is defined as you using CipSoft's software to make a server and then offer buyable services that users BUY from you. Thus you are effectively making money off something CipSoft created.
This is highly illegal.

This can be compared to downloading a copy of Windows 7, cracking it so it doesn't require verification by Microsoft to function (Serial# & WGA), then renaming it to "Doors 7" and selling it for $50.
Microsoft would sue you for millions in no-time.


You should all be happy actually. CipSoft is the most lenient MMORPG developer I've seen when it comes to sueing private servers.
Ragnarok Online and MapleStory servers have had HUGE issues with private server owners being sued by Gravity/Wizet for using their game to host private servers.


TL;DR Version:

Hosting an OpenTibia Server. Okay.
Using the Tibia client to connect to an OpenTibia Server. Okay.
Having "donations". Okay.

Creating a modified Tibia client and giving it to your players. Not Okay.
Having "cash shop items" or "premium services" that players buy. Not Okay.

1. yes.
2. no. Connecting to an OT server requires a player to modify Tibia client (at memory, but its still not allowed) for changing RSA key, login servers host(s)/ ip(s) and eventually port.
3. yes.
4. yes.
5. no. Unless you're offering premium services or extra items as donation benefits you can actually have them. But only if they are are actually real donations (you name it a donation, you have there a note that donations are free and not required- only at own will; and you don't mention you need that money, including stuff like paying the dedicated, etc) and the donation benefits aren't required to play.

Hosting a server is LEGAL.
Playing on an open tibia server is ILLEGAL.


CIPSoft would never want to sue an Open Tibia Server. In my point of view, and by my experiences, CIPSoft leeches ideas from Open Tibia Servers.

And plus, there are soooo many open tibia servers and people who play them, if they were to sue one, they would have to sue every single one of us that logs onto a server.

Yeah, they do. All they can is sue a server for modifying the client. Until players use and modify clients on their own, they would have to sue all OT players.

 

[Virus]

Ive was chatting with with 4 "admins"(cipsoft members) i said that im playing ots of some reasons..

They said its okejy "we dont care" but if it grows bigger then the real game and earn VERY much money of it, you will probably get sued, We have some "friends" that have seen those open tibia forums and open tibia lists, there is nothing we can do and as far we see it now its no threet to us,

I think when a server get over 10k players and get really much money of it and get like really famous thats the time to sue or something


but i dont know, i think they like want to scare me or something

 

[Rexxar]

Connecting to an OT server requires to modify Tibia client (at memory, but its still not allowed) to change RSA, login servers host(s)/ ip(s) and eventually port.

True enough, however they cannot sue anyone for doing it since they have no way of knowing who does it, there's no way of finding out the IP of each player on an OT-server, unless they open one on their own. Thus why I said it's okay.

Though I'm curious, what about servers who supplies their user with a client and an IP-changer? Wouldn't they end up in a legal snag since they supply the tools/instructions on how to break CipSofts EULA/Copyright/Whatever.

 

[elf]

True enough, however they cannot sue anyone for doing it since they have no way of knowing who does it, there's no way of finding out the IP of each player on an OT-server, unless they open one on their own. Thus why I said it's okay.

Though I'm curious, what about servers who supplies their user with a client and an IP-changer? Wouldn't they end up in a legal snag since they supply the tools/instructions on how to break CipSofts EULA/Copyright/Whatever.

Actually redistributing the IP-Changer, same as bot (that's why eg. Tibia NG or ElfBot wasn't sued yet) isn't modifying the client (yet). Its all up to end-user will he click 'Change IP', 'Start' or not. All they can do is punish botters, not their creators. Reverse engineering also isn't forbidden, because you don't modify the client.


Anyway, both topics were already discussed thousands of times and I want everyone to read how in fact it looks like.

 

[Rexxar]

Hehe. Seems like OpenTibia is the safest bet when it comes to Private Server business then. Low risk of getting sued if you know what you're doing.

 

[elf]

Hehe. Seems like OpenTibia is the safest bet when it comes to Private Server business then. Low risk of getting sued if you know what you're doing.

Yeah, CipSoft failed with rules, while Blizzard did these perfect.

 

[Rexxar]

Yeah, CipSoft failed with rules, while Blizzard did these perfect.

Shh... Don't give em any ideas, they might call Blizzard and ask for help. They are in the same country after all. D:

 

[elf]

Shh... Don't give em any ideas, they might call Blizzard and ask for help. They are in the same country after all. D:

And they have hidden accounts here

 

[Rexxar]

And they have hidden accounts here

*Gasp!*
How do you know that?!


...Wait a minute, you couldn't know that unless...


Elf is a CipSoft spy! I knew it! :ninja:

 

[JDB]

Elf is a CipSoft spy! I knew it! :ninja:

No he isn't.

Anyways...CipSoft would not sue anyone dealing with OT servers.
Reason? Lawsuits cause negative attention, bad for business...
Second, it would cost lots of money...and finally, believe it or not, OT servers actually show sponsors that Tibia is a popular game.

Also a Donation, is in fact a Donation...
You cannot sue someone for "giving" you money.

Actually redistributing the IP-Changer, same as bot (that's why eg. Tibia NG or ElfBot wasn't sued yet) isn't modifying the client (yet). Its all up to end-user will he click 'Change IP', 'Start' or not. All they can do is punish botters, not their creators. Reverse engineering also isn't forbidden, because you don't modify the client.

Also very true, I totally agree with this statement.

 

[stian]

Well, the IP-changer work as a loader. It modifies the data on the fly. In most cases that will count as the same as making a crack.

@Rexxar: Irvine, Calefornia is located in Germany? It's the same as calling Microsoft a Norwegian company (yes they have a department here).

@JDB: In most cases, all advertisment is good advertisment, and most players on the real server won't mind. But there is three other reasons, 1. many otserver owners are minors, and 2. there is a lot of money and time involved. 3. The reward is quite low.

 

[Rexxar]

@Rexxar: Irvine, Calefornia is located in Germany? It's the same as calling Microsoft a Norwegian company (yes they have a department here).

The hell?
I could have sworn I read somewhere that Blizzard originated from Germany...

Oh well, thanks for enlightening me. xD

 

[Rozinx]

@The lua scripter guy

I like your point of view.
Anyway , OT's are not a potencial threat for them.


BUUT, as someone told me before, there were some Ragnarok servers with legal issues and stuff. Rumor or not . . I dunno
But also, I'm brazilian, they would have lots of trouble finding me lol.

 

[stian]

@The lua scripter guy

I like your point of view.
Anyway , OT's are not a potencial threat for them.


BUUT, as someone told me before, there were some Ragnarok servers with legal issues and stuff. Rumor or not . . I dunno
But also, I'm brazilian, they would have lots of trouble finding me lol.

Not at all. If they get a court to give IP addresses etc they will have no problem finding you. Anyway, OT servers can, to some point give Cipsoft potensialy extra players as they start off on a real map server and move over to them because they are better. All advertisment is good advertisment for them.

 

[Rozinx]

I know that, but how the hell would they sue me? A cip representer would never come here anyway, even tho it was possible, and they're not able to get my ip adress since it's a dedicated server.
Only if they contacted the hosting company, but they would have another problem, cause I bought that from a reseller lol.