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Question - The Heroes' Journey server

arcreactorkc said:
I also was under the impression it had to be a non-profit enterprise. Otherwise it would be competing with live monetarily.
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Donations have always been allowed. Whenever I used to run EQEmu servers and was heavy in that scene it was very common to include an optional donation link in your server info, or at least on your website. You're just not allowed to require players to pay money for anything. So, like pay-gating content and creating P2W features where (for ex.) people can buy the best gear is not allowed. You could even run into potential issues if you give rewards for certain donation marks.

Otherwise, non-profit enterprises are still allowed to take donations. How else would non-profit businesses survive without government subsidies?
 
I figured donations would be allowed, but it is the last part you mentioned is what I think would not be allowed, the giving rewards for donations. I would assume the server will not be around for long.
Thank you
 
mitrestre said:
I figured donations would be allowed, but it is the last part you mentioned is what I think would not be allowed, the giving rewards for donations. I would assume the server will not be around for long.
Thank you
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Yeah, I did notice that they are offering rewards for certain donation amounts. They'll still probably won't be harassed by DBG, although it's definitely possible. The rewards they're offering aren't really significant and they specifically worded the donation marks as they "MAY grant you xyz reward" which seems to be some sort of sweepstakes loophole, when in reality everyone gets the reward. But, like even the $500 donation is just an NPC that you design added in the Bazaar.

This server also appears to be made by the same people that did the Retribution and Pyrelight EQ emulator servers. Of which both servers also had similar donations. So, these guys have been doing this for a long time with very little to no consequences.

I think as long as people don't make a pay-to-win or pay-to-play server then they don't really care.
 
Clearing up the "donations" misconception, as "allowed" is being used loosely here. The TL;DR is: No, accepting money is not "allowed," but neither is running an emulator server - so it really boils down to your risk tolerance.

People often confuse the term "donation" with what an actual donation entails, but whether an emulator can accept money has nothing to do with calling it a "donation." Emulation is, at its core, copyright infringement. In the United States, copyright infringement can involve different types of liabilities, which may be compounded. The relevant type here is "vicarious liability," which includes profiting from someone else's work. When a copyright infringement case is pursued, damages are often statutory if profit is involved, and statutory damages are typically much higher than other forms of damages. This contrasts with arguments for disgorged profits or direct liability, which apply regardless of whether money is accepted.

Statutory damages tend to be significantly higher, and you wouldn't be able to argue for innocent infringement or good faith if a copyright case were brought against you and you were found to be profiting. Here, "profiting" doesn't mean "revenue minus costs" - it just refers to any financial benefit. Labeled “donations” or "in-kind benefits" (like someone "donating" a server) would be considered profit from a legal perspective.

Accepting money to run an emulator server, regardless of what it’s called, increases your liability if the copyright holder decides to enforce their copyright. Historically, as far as I know, DPG has only pursued copyright in emu against Project 1999, and even that case, I believe, did not go to court.
 
Knightly said:
Clearing up the "donations" misconception, as "allowed" is being used loosely here. The TL;DR is: No, accepting money is not "allowed," but neither is running an emulator server - so it really boils down to your risk tolerance.

People often confuse the term "donation" with what an actual donation entails, but whether an emulator can accept money has nothing to do with calling it a "donation." Emulation is, at its core, copyright infringement. In the United States, copyright infringement can involve different types of liabilities, which may be compounded. The relevant type here is "vicarious liability," which includes profiting from someone else's work. When a copyright infringement case is pursued, damages are often statutory if profit is involved, and statutory damages are typically much higher than other forms of damages. This contrasts with arguments for disgorged profits or direct liability, which apply regardless of whether money is accepted.

Statutory damages tend to be significantly higher, and you wouldn't be able to argue for innocent infringement or good faith if a copyright case were brought against you and you were found to be profiting. Here, "profiting" doesn't mean "revenue minus costs" - it just refers to any financial benefit. Labeled “donations” or "in-kind benefits" (like someone "donating" a server) would be considered profit from a legal perspective.

Accepting money to run an emulator server, regardless of what it’s called, increases your liability if the copyright holder decides to enforce their copyright. Historically, as far as I know, DPG has only pursued copyright in emu against Project 1999, and even that case, I believe, did not go to
Click to expand...

Knightly said:
Clearing up the "donations" misconception, as "allowed" is being used loosely here. The TL;DR is: No, accepting money is not "allowed," but neither is running an emulator server - so it really boils down to your risk tolerance.

People often confuse the term "donation" with what an actual donation entails, but whether an emulator can accept money has nothing to do with calling it a "donation." Emulation is, at its core, copyright infringement. In the United States, copyright infringement can involve different types of liabilities, which may be compounded. The relevant type here is "vicarious liability," which includes profiting from someone else's work. When a copyright infringement case is pursued, damages are often statutory if profit is involved, and statutory damages are typically much higher than other forms of damages. This contrasts with arguments for disgorged profits or direct liability, which apply regardless of whether money is accepted.

Statutory damages tend to be significantly higher, and you wouldn't be able to argue for innocent infringement or good faith if a copyright case were brought against you and you were found to be profiting. Here, "profiting" doesn't mean "revenue minus costs" - it just refers to any financial benefit. Labeled “donations” or "in-kind benefits" (like someone "donating" a server) would be considered profit from a legal perspective.

Accepting money to run an emulator server, regardless of what it’s called, increases your liability if the copyright holder decides to enforce their copyright. Historically, as far as I know, DPG has only pursued copyright in emu against Project 1999, and even that case, I believe, did not go to court.
Click to expand...
Less than a yeah of asking this question, the server was taken to court and forced to shut down. I am glad I stayed away. I knew it was a time bomb
 
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Question - The Heroes' Journey server
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