Apparently I have to ask for permission to post EQOA content. Whoops.

I was home today for the first time in a while and decided to look up the legal terms regarding the recreation of EQOA in a private server environment by a 3rd party. Nothing was a surprise in what was written in the intro End User Agreement. I never paid attention to when I played so many years ago.

Anyway, I kept digging. After the load screen End User Agreement, I went to SOE’s site to view their copyright and legal section for the rest of their products; link found at the bottom of their home page on the right side. The first thing that comes up are notes for each of their individual games… which EQOA isn’t listed. This falls in line with the load screen End User Agreement which states that SOE has the right to terminate said Agreement by terminating the Game. So does that mean EQOA is still protected under the End User Agreement? Yes and no.

There is a more in depth policy section regarding SOE’s intellectual property. EQOA is only named at the very bottom and it is in regards to support claims. However, the document is to be legally held as a general overview of the terms regarding all of their IP, which includes EQOA (in a red-headed, step-child kind of way).

In that document, there is a section regarding intellectual property that has a section for “fan sites” and for the record, my blog classifies as a fan site. Apparently I am supposed to ask for permission to use any image, music, or other copyright content from the game. Additionally, I can actually ask SOE to make readers pay for content and there’s a small chance SOE could green light that idea.

Now don’t worry, I wouldn’t ever make this a pay-to-read site as I only post about once a month and nothing here is worth any true value, but the policy is there, written out in several defined specifics. Does SOE really care about eqoa.wordpress? Probably a most definite no. Did SOE design that policy with blogs like mine in mind? Probably not, either. My point is, I have posted EQOA content for the past 3+ years, technically illegally, and I haven’t heard a word from Sony. Either I’m a badass rebel or Sony’s legal team is concerning themselves with more pressing issues than a 2003 game with maybe 500 loyal followers.

So I’ll just drop this little thought, if a group of people were to recreate EQOA on a not for profit basis, if code was not manipulated, if no Sony-owned server was altered… then technically, it is legal. But there’s that one line at the end of the End User Agreement nulling the entire Agreement in the first place. So why bother even stating the specifics, anyway?

About Stonee

EQOA blogger
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11 Responses to Apparently I have to ask for permission to post EQOA content. Whoops.

  1. felisiaeq says:

    I really don’t think the people who write that really think anyone reads it at all. — Its everywhere, re-posted on so many websites i mean if they wanted to they could find them all but is it really worth it? We are hardcore fans reminiscing lets us be! xD

    Felisia- CLW

  2. Versifier says:

    EULA’s and copyrights have nothing to do with each other. EULA’s are not legally binding, they are conditions in which both parties agree to in order to use a said product. The only recourse either party has when someone breaks a EULA is to stop doing business with the other.

    That being said, copyright law does protect images, sound, code, and text from being redistributed. If SOE felt it was worth protecting they would have lawyers send a cease and desist order. Failure to comply could result in a lawsuit. During said suit the defendant would have to prove that they are protected under fair use laws in order to keep using the disputed items. SOE could press for damages, but they would have to prove that damages occured or that profits were made as a direct result of the items in question. However, companies taking minor matters to court are a rare occurrence. Most often things are ignored as they offer more free publicity then they could ever cause damage.

    For something such as private servers you will never have the legal right. You will also never get explicit permission to create one. Doing so would have SOE giving up a degree of control they hold on the Everqust IP. The best you could hope for is that SOE chooses to ignore a private server, reserving the right to intervene whenever they see fit. But it will never be legal.

    • Versifier says:

      I mispoke and over simplified by saying that EULA’s are not legally binding. What I meant to say was that they are agreements made under laws, not law itself. The difference being that without laws (such as copyright and licensing laws) already in place, the EULA is not enforceable beyond termination. While the EULA serves as a general guidline to which aspects of the laws the company will attempt to enforce, it does not supercede laws or legal exemptions.

  3. Anonymous says:

    Anyone have any idea what amount it would take for SOE to bring EQOA back? Not just back but F2P and port it to PSN. We already know it is compatible, since it was first mentioned in 2008. I’m just curious how much, astronomical or not, it would take. Anyone have any idea? That way if by some miracle they say, “Hey, give us $100,000 and we will make it happen.” then at least it leaves nothing to speculate about

    • Stonee says:

      The truthful answer is no. I have an email from John Smedley stating that while he sympathizes with us, he and SOE are not open to an acquisition.

      If someone offered, let’s say, $10 million for the game, I’m sure they’d consider it. But keep in mind, that’s just probably prolonging the inevitable.

  4. Anonymous says:

    So realistically the only way would be a private server?

    • Stonee says:

      Most likely, yes. We can never rule anything out. I’d say a private server is less than 12 months away. I can’t guarantee that, but I’ve seen some interesting videos in the past week that would suggest some people are hosting personal Tunaria’s as we speak.

  5. Anonymous says:

    I watched a video Corsten posted a few days ago, seems interesting

  6. Justin Gardner says:

    I am wondering if they would sell EQOA to someone else that might actually see it as a good investment and work a deal with PlayStation to sell it as a digital download. They did state that they would never get rid of player info. So all of us that had accounts would be able to log in and play our characters. If they are not smart enough to see that this game is 100% better then the PC EQ1 and EQ2, then maybe someone else is. Just my thoughts.

    • Stonee says:

      Hi Justin,

      In 2012, several people spoke with SOE and it was stated by multiple sources that they will not release or sell the EQOA franchise. With that said, it’s been over 2 years and that opinion might have changed. Keep in mind that EQOA is part of a larger franchise, bearing the name of SOE’s flagship product, Everquest. Lots of legal complications would probably arise if it is sold off.

      At this point, it’s probably safer to assume that you will not play your own toon again. However, it might also be safe to assume that you will be able to play the game again.

      • Justin Gardner says:

        Well that sucks if I couldn’t play my characters again, since I put SOOOOO… much time into them. And had items that no other players could ever get because they gave them out only once. like changing into a huge eyeball that lasted about 1 hour and gave hot/pot. used to love to go to the are players were Xping at killing eyes and scare them. But if I had to loose everything and start fresh, I probably wouldn’t mind as long as it was as it was. I contacted them asking about it when I first found out is was down and they said to play EQ or EQ2. So I gave them a try but they are Soooo different and not as good. So I guess ill just keep an eye out and see if they ever come to there senses and put it on PS3. Thanks for responding though.

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