Copyright Infringement

[HateLoveAnger]

My friend runs a private server of a free online game (MapleStory). Yesterday he received a call from the owners of the original game (Nexon), saying he needs to shutdown the server, or he could be sued up to $25,000 for copy-right infringement.

The current files under question are the game files which are freely distributed on the internet. None of the files have been edited in any way, and all credit has been giving on the main site, declaring that all images, ideas, and concepts belong to Nexon, Inc.

A private server means we use the base of their game (The images, and initial programming), and then code around that to allow it to run on our own server.

The only files of theirs we use are the files that have been distributed on the internet freely, and remain unedited.

Does this company, Nexon, actually have a case if the only files of theirs in use were obtained completely legally, remain unedited, and full credits are giving to them?

We are not looking forward to shutting down the server, so if we can come up with a defense we will let them sue us. Is this a good idea?

Thanks for any help on this matter.

 

[Michael Wechsler]

If you have created an add-on to a base game then what you may have done is create a "derivative work" and the owner of the "original" work also controls the "derivatives" of that original. If the files are freely distributed by the company, then why would they want to sue you? Perhaps you can shed light on a motive. I haven't looked at the details and whether there is an SDK and what the licensing rights are and which would likely explain the reasons for the letter. I'm guessing the company wouldn't be wasting its time.

 

[nukeemusn]

Your friend needs to carefully read the licensing restrictions on taht software package. It may be freely distributed, but by using that software, one must adhere to all terms and conditions in the license.

The reason that Nexon has a motive to shut down free servers is that they lose revenue when other people provide the game. MapleStory is a free game, but therevenue model revolves around (to my knowledge) advertising. Therefore, by diverting players to his own server, he is using Nexon's software to destroy their own revenue stream.