Regrding legality

[jyumai 2]

First of all, I do not mean to offend anyone on this forum. I'm a new member here, but I am not new to PKO. I think its absolutely amazing you guys managed to acquire the source code and I really hope in the coming years we see some brilliant modifications to a great game.

 

I just want to fully understand how legal it is to modify the source code provided here and release the modified game (even without making a profit).

 

Again I do not wish to offend anyone but I'm pretty sure some people here are wondering, especially if you guys have big plans for completely revamped servers.

[Tera 26]

 

It is easy to have the Server Files, have sqlserver 2000 and a great experience from there you learn everything a little: D

[Shako 97]

6 hours ago, jyumai said:

First of all, I do not mean to offend anyone on this forum. I'm a new member here, but I am not new to PKO. I think its absolutely amazing you guys managed to acquire the source code and I really hope in the coming years we see some brilliant modifications to a great game.

 

I just want to fully understand how legal it is to modify the source code provided here and release the modified game (even without making a profit).

 

Again I do not wish to offend anyone but I'm pretty sure some people here are wondering, especially if you guys have big plans for completely revamped servers.

 

Well, since seems like the original game is gone i dont think legality is an issue anymore. what was done before i dont have anything to say about it

[Guest]

Well, if we talk honestly, then it's obviously illegal. But who cares today? Contracts are over, doubt you'd get punished anyways 

[jyumai 2]

5 hours ago, Shako said:

 

Well, since seems like the original game is gone i dont think legality is an issue anymore. what was done before i dont have anything to say about it

 

4 hours ago, qwerty said:

Well, if we talk honestly, then it's obviously illegal. But who cares today? Contracts are over, doubt you'd get punished anyways 

Both valid points. I'm sill hoping someone with some legal expertise could elaborate more on why its legal or why legal action may never be taken against someone for this. I guess if the private servers managed to survive all these years surely this isn't even on the minds of the original owners.

[Totoka 152]

4 hours ago, qwerty said:

Well, if we talk honestly, then it's obviously illegal.

^ I agree

 

28 minutes ago, jyumai said:

I guess if the private servers managed to survive all these years surely this isn't even on the minds of the original owners.

Well, isn't true at all, I had to close an L2 server due a letter containing DMCA *******, in where I was one of the developers ( using official files ).
And it wasn't a big thing, about 100-150 concurrent users. https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act

 

I think having a private server isn't too bad for the official server, sure they will be losing money, but the game itself becomes more popular.

[jyumai 2]

44 minutes ago, Totoka said:

 

Well, isn't true at all, I had to close an L2 server due a letter containing DMCA *******, in where I was one of the developers ( using official files ).
And it wasn't a big thing, about 100-150 concurrent users. https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act

 

I think having a private server isn't too bad for the official server, sure they will be losing money, but the game itself becomes more popular.

Wow that seems rather harsh. Hopefully now that won't be an issue since the owners basically gave up on the game lol

[Gamez Pirates 44]

48 minutes ago, jyumai said:

Wow that seems rather harsh. Hopefully now that won't be an issue since the owners basically gave up on the game lol

 

They may have abandoned the game however legally, IGG, still holds full legal responsibility and ownership of Tales of Pirates I and II until the company disbands. Although I'm not researched in what company laws apply to IGG (as I'm not sure in what country they're registered in) however a trademark does not expire for 10 years from its creation. This means that ToP being initially released in 2007 (According to Wiki), the trademark will expire next year. However, if IGG decide to renew it before the expiration date, they will still hold all rights to taking legal action against any and all private servers out there. This is, if, IGG has enough time and nerves to shut down a server that would probably be more beneficial to actually get it shut down. Taking legal action requires time and loads of money, therefore, the odd server that hasn't got nowhere near as much income as an official private server wouldn't be worth it. 

 

A more realistic scenario would be that IGG are simply happy that the game lives on, even after their corporate decision of moving onto mobile gaming. 

 

Hope it helps.

[jyumai 2]

1 hour ago, Gamez Pirates said:

 

They may have abandoned the game however legally, IGG, still holds full legal responsibility and ownership of Tales of Pirates I and II until the company disbands. Although I'm not researched in what company laws apply to IGG (as I'm not sure in what country they're registered in) however a trademark does not expire for 10 years from its creation. This means that ToP being initially released in 2007 (According to Wiki), the trademark will expire next year. However, if IGG decide to renew it before the expiration date, they will still hold all rights to taking legal action against any and all private servers out there. This is, if, IGG has enough time and nerves to shut down a server that would probably be more beneficial to actually get it shut down. Taking legal action requires time and loads of money, therefore, the odd server that hasn't got nowhere near as much income as an official private server wouldn't be worth it. 

 

A more realistic scenario would be that IGG are simply happy that the game lives on, even after their corporate decision of moving onto mobile gaming. 

 

Hope it helps.

Thank you, very well explained. I will be on the look out for any decisions made by IGG on renewing their trademark (if there will be any such info).

[Gamez Pirates 44]

5 minutes ago, jyumai said:

Thank you, very well explained. I will be on the look out for any decisions made by IGG on renewing their trademark (if there will be any such info).

 

You should be able to find that out by checking their company records. In the UK, you are able to do so by visiting "companies house", a service ran by the government. Paying a few pounds you're able to access company information regarding their profits, trademarks, patents etc.

 

If you wish to open a server however and are worried, don't be, in no way, shape or form are you selling the source code or make money off it that would solely impact IGG or Moliyo.

[jyumai 2]

2 minutes ago, Gamez Pirates said:

 

If you wish to open a server however and are worried, don't be, in no way, shape or form are you selling the source code or make money off it that would solely impact IGG or Moliyo.

 

I'm sure many of us are glad to hear this.

3 minutes ago, Gamez Pirates said:

 

You should be able to find that out by checking their company records. In the UK, you are able to do so by visiting "companies house", a service ran by the government. Paying a few pounds you're able to access company information regarding their profits, trademarks, patents etc.

I'm not sure if there exists such a facility in my region. I may have to outsource.