But TFS is not illegal to use, which is what we run.
It sorta depends on how do You use and how friendly the judge would be towards You xD
If You're getting ANY income that could be even loosely related to that TFS(for example "donate" button on server's website or maybe even premium account on this forum ralted to OTS) then it is very much illegal. This is violation on both copyrights and trademark regulations.
And If you're not getting any income they can still try to shut you down because they have registered "Tibia" trademark under three different classifications in US:
09 - Computer game programmes downloadable via the Internet; downloadable computer screen-savers software; downloadable computer wallpapers software; computer game programs; video game programs; interactive entertainment software for playing computer games and video games
25 - Articles of clothing, namely, T-shirts, hats, and caps
41 - Interactive game services provided on-line over a computer network or the Internet, namely, providing a computer game that may be accessed network-wide by network users
...and under three other classifications within UE's territory:
38 - Telecommunications.
41 - Education; providing of training; entertainment; sporting and cultural activities.
42 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
This is giving them some legal grounds to sue anyone who uses their registered trademark - for example "Open TIBIA Server" can be consider violation of trademark. Or blatantly requires their trademarked and copyrighted client to run that service(server/game).
Cipsoft grants you (and every player) the license to use it every time you download it from their website.
One simple question: Do you have any actual lawyer or at least law student on your team? Or did You at some point consult actual lawyer on that matter?
Because no offense but, there is sh*tload of examples of other companies shutting down servers of other games, like that recent shutdown of quite popular private WoW server and I have strong doubts about legality of that whole project.
Many people in this topic spoke about very specific coding aspects of OTS or other IT stuff. But this kinda don't matter. Tibia is protected by more broad set of copyright and trademark laws, which protects this game/service from more than simply coping the code and using it without proper license from CipSoft GmbH.
Its time to move servers to Russia!
Well. Kinda funny but childish joke. Even Russia must respect international copyright, trademark and patent treties they signed if they want everyone else to respect their own inventions instead of ripping them off and use without paying any money to Russia or its citizens - owenr of those IPs, TMs, patents.
