Legal or Illegal, the definitive answer!

[anyma]

Please let carefully read the entire content of the message, and answer only with constructive feedback that can help me and other people

 

I know that this topic has been discussed many, many times! Also on this board it is many topics related to the same argument but no one has given a definitive answer, examining all possible cases.

 

I'd like to create a small private server, without profit through donations or other, totally free.

 

Browsing the web I found a lot of information, some useful and others surely invented and "dangerous"!

 

My intention is to create a topic that would collect all the information on it and it can help the current or future owners of private servers.

 

Then, we get to the point, this is what I know for sure now:

 

Create a private server complete with website and emulator, it is certainly legal, as long as use emulators rAthena, eAthena, Hercules, as they have been completely rewritten from scratch and are detached from Gravity in all its forms.

 

Change the client's official Ragnarok to connect to these emulators is legal ONLY if done for private use, in localhost with address 127.0.0.1.

 

DISTRIBUTE an official client changed, or a patch to change the client so that it can connect to a private server is illegal.

 

Ok, so far we understand each other, but I want to investigate further this last point:

 

If I create a private server and distribute the patch to the client by an external source, such as mediafire, MEGA, torrent or another ... the responsibility for this "lawlessness" is mine or who has the patch on their servers? Of course on the site of the private server is a link to the patch on external servers.

 

If the responsibility is always mine, what risk really? Risk so even if I do not take advantage of the server? (as Money).

 

it is true that in some regions distribute the client is legal?

 

Why (classic question) there are many active servers since 2003 who have never closed? even if they take donations and have more than 2000 people?

 

Even on some forums I read that some of these private servers have had the tacit consent of gravity, is it true or is an enormous stupidity?

 

 

That's all, I hope that this topic may bring clarity in every way, by removing all DOUBT !!

 

I apologize for my English, I'm Italian;)

Edited May 12, 2015 by anyma

[Neub]

as far as i know. Running Emulators isnt illegal

 

but Using Ragnarok online to make Private server of it is illegal

 

but gravity doesnt mind private servers now a days, because Private server have large fandom, which increase ragnaroks popularity to young gamers

 

and Gravity has been known to take ideas from the private server community and implement them into the official servers.

 

vice versa, private servers also take ideas from official servers so both them benefits in some other way

[Tokei]

All file hosters that I know of put the responsibility of the files to the uploader (read the ToS of these websites when you create an account). Any P2P system (such as Torrents) put the responsibility on the uploaders as well : which is everyone currently downloading the files, not just the original uploader.

 

Running a RO private server as a whole isn't legal, no matter how you try to twist the laws. Just the client you're using isn't legal; it's been 'unpacked' and modified so that you can apply patches on it (Themida protection has been removed). Downloading such a client is against the law in most countries.

 

Then there's the issue of using all of Gravity's copyrighted materials without their permission : you can't use any of the RO images (ingame or anywhere else), it doesn't belong to you. (Pretty sure you can't edit any of their other files either, as the formats belong to Gravity.)

 

I'm not really sure why you're asking these questions though. If you want to open a server, go ahead if you want to. The likelyhood of Gravity bothering you about it is very slim (as in : they won't do anything).

 

Edit : you can find such info online rather easily.

http://en.wikipedia.org/wiki/Copyright

http://en.wikipedia.org/wiki/Software_cracking

Edited May 12, 2015 by Tokei

[anyma]

First of all thanks for the replies, it was what I hoped!

 

 

and Gravity has been known to take ideas from the private server community and implement them into the official servers.

 

vice versa, private servers also take ideas from official servers so both them benefits in some other way

In this regard, on some sites I read that the gravity is planning to enter a sort of "sexy-kafra" as was done on some private servers xD

 

 

All file hosters that I know of put the responsibility of the files to the uploader (read the ToS of these websites when you create an account). Any P2P system (such as Torrents) put the responsibility on the uploaders as well : which is everyone currently downloading the files, not just the original uploader.

Of course, you're absolutely right. But there is something that can not understand: In my country (Italy) there are many sites "warez" that they can defend themselves against the law simply by arguing that they are not hosting any of these files (movies, crack, programs), but all are maintained on servers not controlled by them and placed in their site simply as a hyperlink, that alone does not involve an infringement of any law, I guess. Obviously they don't directly upload their files on the various file sharing sites, but users do it...

 

It could not be the same for the client ragnarok? As modified, hexed, or cracked? I do not mean that it is legal, but maybe at this point would not be the responsibility of the owner of the server

 

I'm not trying to defend Gravity or private servers, I'm just curious to analyze all the possible cases, as noted in my initial post.

 

Finally, yes, I was thinking of opening a small private server without risks xD, but not for this reason I opened the topic ... simply on the Internet there are a lot of information and a lot of people asking the same things (like me in this time), I just want to enclose it all in one place

Edited May 12, 2015 by anyma

[Rins]

Hi,

 

I agree with Tokei on everything, except what he said about file formats, yes they belong to Gravity, but there are some open source finished projects like grfbuilder.com, which allows you to make your own legal grfs.

 

And Anyma, you must know that Gravity does not fight private servers anymore, that's the only reason why private servers are playable. in other words you can defend yourself but there is no way to defend your server, let's say you found a way to upload your hexed client to a file storage without leaving a trace -not your house IP, and using fake registed information-, and also deleted "Ragnarok" from your server name since it is copyrighted too that would defend you -they know, but they have no evidence on you-, but your server is not because just the fact that there are players online on the server means that someone is breaking law to connect to that server, and you'll be obligated by law to stop players from connecting to it. so you can open a private server safely but you can not defend it unless Gravity ignores it, and yeah Gravity does ignore private servers.

 

Since anyma wants to enclose all questions related to this topic in one thread, i would like to add this paragraph for some specific type of persons who disagree using other's property.

Well, Gravity does ignore private servers for a reason, and this reason might be either 1# because they think private servers existance is usefull for them since they are really what made Ragnarok popular and ofcourse its owner Gravity, which gave them alot of advantages. or 2# because private servers pop up like weed and even if they want to stop them, they will not be able to, unless they spend alot of money which makes them lose more. So if you're a religious person or has strong beleifs not to use other's properties, you can not open a private server in that way since the reason why Gravity doesn't fight private servers is not clear, in this case your only way is to make your own client from scratch including maps, skills effects, npc spirites, hairstyles, job spirites, item pictures, mobs, maps, custom ragexe.exe..etc. you can use customs and customize your own server avoiding using anything from Gravity, and the only problem would be getting a custom ragexe.exe because there are not any finished projects, but i believe there are some talentend people who can do it for $$, so the whole thing is not impossible.

 

Good Luck

[anyma]

Thanks to the intervention Zaid.

I do not think that Gravity has the power to close down any private server. At least not immediately, and especially without risks.

 

What I will do is an absurd argument, but finds its validity in court ...

 

Ok, let's say on a private server are connected users, then? How does the creator of the server to know which client is using a user? How do you know if someone is using sprites, palette or texture of Gravity?

 

The only person informed is the one who uses the client, not the server.

 

So, in summary:

 

If someone could mask the ip of those who entered the patched client, the server private act in a totally legal, since it can be assumed to have the best of intentions and did not open in order to allow the connection to the client Gravity , right?

Since no (server side) can know the contents of the grf client. Except ClientInfo, which secures the server data ... but the xml is a format for public use.

 

In essence, according to this reasoning the Gravity would have a 50% chance to win a lawsuit against a private server, if not less.

 

Example: If I have a gun store (server), I will never know if I'm selling to a terrorist (client) or a normal person (client). If I intend to sell to the terrorist then I'm wrong, of course.

 

Think a bit about;)

 

EDIT: I do not want to help people find a way out or a way to break the law. We are simply talking about a topic that I find very controversial, and at least for me, with no ulterior motives

Edited May 15, 2015 by anyma

[Tokei]

Fair piece of advice, don't treat members of the court as ignorant fools; it won't help your case in the slightest and will probably just make it worst. The intent, no matter how much you try to hide it, is to allow players to log on a Ragnarok Online server you own. The game client files, which you clearly stole from Gravity, have been modified and have been distributed BY YOU. (Making you responsible for this.)

 

"If I have a gun store (server)..."

First of, if you open a gun store, clearly the goal is to attract clients and sell weapons. What I think you're misunderstanding here is that you're not allowed to sell weapons, whoever buys them doesn't even matter. In RO terms, you're not allowed to distribute the client files, who plays on the client afterwards is of no importance.

 

How do you know if someone is using sprites, palette or texture of Gravity?

They know by downloading your server's client and looking at your files. Unless you do this whole thing on a closed network, but then what's the point?

 

The only person informed is the one who uses the client, not the server.

And who's responsible for distributing the client files required to connect to the server?

 

In summary : you're allowed to run rAthena and open a server, you're not allowed to steal and distribute Gravity's client files. You might as well make a new game, with your own client and your own images, by opening your own company if you want to stay legal.

Edited May 15, 2015 by Tokei

[anyma]

Ok I lost;) Well ... first of all I made myself clear on some issues, I hope I have not upset anyone with this talk !!

 

I just have one last question: I have often heard to say, about this topic, there are some countries where certain things are permitted. Out of curiosity, what are these countries?

[Zell]

I'm not getting your point, just open your server, nobody cares and specially gravity are caring about privates actually. You just can't became rich with a private (cause of imports, tax and etc), or publish on TV about your ro.

[meko9586]

Fair piece of advice, don't treat members of the court as ignorant fools; it won't help your case in the slightest and will probably just make it worst. The intent, no matter how much you try to hide it, is to allow players to log on a Ragnarok Online server you own. The game client files, which you clearly stole from Gravity, have been modified and have been distributed BY YOU. (Making you responsible for this.)

 

"If I have a gun store (server)..."

First of, if you open a gun store, clearly the goal is to attract clients and sell weapons. What I think you're misunderstanding here is that you're not allowed to sell weapons, whoever buys them doesn't even matter. In RO terms, you're not allowed to distribute the client files, who plays on the client afterwards is of no importance.

 

How do you know if someone is using sprites, palette or texture of Gravity?

They know by downloading your server's client and looking at your files. Unless you do this whole thing on a closed network, but then what's the point?

 

The only person informed is the one who uses the client, not the server.

And who's responsible for distributing the client files required to connect to the server?

 

In summary : you're allowed to run rAthena and open a server, you're not allowed to steal and distribute Gravity's client files. You might as well make a new game, with your own client and your own images, by opening your own company if you want to stay legal.

How about if someone is just providing a software for users to crack the client files?

In this way, nobody is distributing the modified client files.

Edited July 10, 2015 by meko9586