When will EMC start following the EULA?

Discussion in 'Community Discussion' started by C0ldZer0, Dec 3, 2015.

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  1. So doing something everyone can do is a Diamond-Only Perk? Hmmm, that's new.
    ShelLuser likes this.
  2. Actually you'd be suprised most of them do, Imagine if You owned a huge server, you'd have a lot to lose if Microsoft shut you down because of a small problem that could've easily been fixed.
  3. In the mean time I do stand corrected. Wasn't paying much attention to this but yeah: Updated: 27 October 2015 12:44

    The OP didn't quite link to the right EULA, it's this one:

    https://account.mojang.com/documents/minecraft_eula

    Which then includes this:

    https://account.mojang.com/terms#website

    This:

    https://account.mojang.com/terms#brand

    And this:

    https://account.mojang.com/terms#arbitration

    Alas, I can quickly debunk a lot but I cannot be fully sure under US law. Still:

    Essentially the simple rule is do not make commercial use of anything we've made unless we've specifically said it's okay. Oh and if the law expressly allows it, such as under a "fair use" or fair dealing" doctrine then that's ok too - but only to the extent that the law applicable to you says so.

    Now here's the fun stuff. The law works in absolutes. That's how legal things go. Letter of the law vs. spirit of the law, when it comes to legal issues then the letter of the law, its literal meaning, is all which matters. The literal meaning of things.

    "If the law expressly allows it". Does the law forbid you from using something in a commercial-like fashion? No? Then it allows for it. It either allows or denies issues, nothing in between. So if it doesn't deny it it allows it and verse versa.

    That's one thing.

    The other, more vague, would be where commercial use ends and fair use begins. That is a shakey basis but even so... If you take the time which staff (senior and up) puts into EMC and then compare that what they get in return (senior staff doesn't get paid last I checked) then it gets hard to proof commercial use here....

    I don't see any issues tbh :)
  4. to me supportership doesn't really unbalance the gameplay(or give true advantages to supporters), it just makes it easier, but a good committed player(free) can achieve equal or even more than a supporter.
    Nickblockmaster and MrsWishes like this.
  5. EMC probably won't appear on Mojang's radar. And to be honest, I don't think they care that much. As long as EMC isn't doing anything evil like other servers do, then Mojang won't get involved. The only reason Mojang added it was as a safety clause. If a third-party is doing something which could have a negative affect on the Minecraft/Mojang brand name, they can put a stop too it through the EULA (which doesn't do well in court).

    Look right here: https://account.mojang.com/documents/minecraft_eula - the OP's link is too Mojang's Terms of Service and not the Minecraft EULA.
    CadenMann and Roslyn like this.
  6. Yeah and you don't need 1 res because you'll fail without it and can't do anything with just 1 res /sarcasm come back with a legit way of winning an economy server
    ShelLuser and ThaKloned like this.
  7. But the fact that you don't need to play as a normal player to get supporter, because others purchase the vouchers and in turn sell them make these buffs so less powerful, and who actually cares about the stables? There are vouchers for that.
    MrsWishes and NathanRP like this.
  8. This been the only legitimate counter argument I've read on this whole thread. I like
    CadenMann and nfell2009 like this.
  9. Must be a slow news day...
    MrsWishes and NathanRP like this.
  10. It is rather funny that quite a few people in this thread are slightly uninformed about the EULA and the whole drama with it. I've been on many other threads on Spigot in regards to EULA loop-holes, bypassing it and everything else about it.
  11. Blame the supporter page that hasn't been updated, not me :)
    Seanawesome14 and ShelLuser like this.
  12. Also, Eula is aimed against pay to win servers(aka faction server), but to just be equal with everyone, they posted it as a server-wide requirement. (just my point of view)
  13. you earn more coins on hypixel for higher ranks
    Kyzoy likes this.
  14. Coins only buy cosmetics.
  15. no coins buy perks for minigames aka p2w
  16. Technically, yes. But it's in-direct. Direct P2W would be buying perks in minigames.
  17. True for certain games actually. Quakecraft and TNT games come to mind.
  18. the point it an argument could easily be made for the largest server legally. so no i dont think emc wants to or needs to comply. the TOU only changed so they werent legally bound in legal situations to address fraud on those servers. we deal with fraud internally and only have had a few cases ever
  19. I spotted something which as far as I can tell is new and quite interesting too:

    Your local law may give you rights that this EULA cannot change; if so, this EULA applies as far as the law allows.

    So now it becomes a question as to what can I reasonably expect to be able to do with the software which license I purchased. I can start a game review site, test games, share my findings and sell 'm to the highest bidder. Am I using the game in a commercial fashion this way?

    Vague example, I know.

    The best question here is... Mojang themselves provides for the server software and allows us to set one up. They themselves allow us to alter and modify the game:

    If you've bought the Game, you may play around with it and modify it by adding modifications, tools, or plugins, which we will refer to collectively as "Mods." By "Mods," we mean something original that you or someone else created that doesn't contain a substantial part of our copyrightable code or content.

    They also acknowledge our rights by law:

    The terms of this EULA do not affect any legal (statutory) rights that you may have under the law that applies to you for the Game. You might have certain rights which the law that applies to you says cannot be excluded.

    And that's where things become shakey again. I can set up an environment to provide access to the game (hinting at the ability to download server software), they acknowledge my rights per law (hinting at: does the law forbid me to do this? If not then it also allows for this) and the law also doesn't forbid me to charge people from accessing / using my services.

    I'm not making commercial use of what Mojang made, I make commercial use of what my hosting provides offers. I provide free access to the Minecraft game, but request that people help me fund its hosting.

    There are so many loopholes possible with this EULA...

    But you know what the real problem is?

    Being right isn't the same as having that acknowledged. I can come up with dozens of loopholes, I can even back some of it up with legal arguments but its useless unless this gets tested in a court of law. And that is what they prey on: because in the end it'll be a lot cheaper to abide to their wishes than test and defy them in a courtroom. Even if you're fully sure that you're right it'll still take plenty of money and effort. Not to mention that you'll always be taking a certain risk.
    Keliris likes this.
  20. Just had to take the shot since I got it ;) I know you'll get me back later.
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