Odd question.
 

Okay i had an odd thought, but basically in order for a emulated MMO server such as EQemulator and such we have to follow these guidelines.

1. Don’t Charge – If you set up an emulation of an online game and you charge people money to use the game then you are clearly attempting to profit from somebody elses work, as in the case of Scapegaming, which brought in 3 million dollars in revenue from their private WoW server.

2. Don’t Use Source Code – Game companies do not make a habit of handing out their source code, but leaks do happen from time to time. Taking advantage of such a leak can tee you up for a lawsuit.

3. Don’t Violate DMCA – Ah, the Digital Millennium Copyright Act, everybody’s favorite piece of legislation. Circumventing security or encryption can get you in trouble here. This was the other part of the Scapegaming case, the part that drove the award against them to $88 million.

4. Don’t Distribute the Client – This is the part of the game that the end users needs to connect to your emulator, but it is also where all the copyrighted and trademarked material resides.


But my question is say a really popular MMO with countless players that also has an Emulated version of with also with countless players. The real game is cut off like star wars galaxy, just stopped mid track dead. If thats the case could a emulated server then go against the rules or do we still have to follow them.

Not saying that im going to do any of this but was a random thought i have during my mindless hours at work with nothing to do.

Killing official support for a product doesn't relinquish copyright or ownership. In that case what many modding communities do is ask for permission (early Fallout 1/2 modders, Mechwarrior 4, etc.)
It would be cool if the parent company gave the game to the community though, kind of like these guys did:
http://dev.ryzom.com/projects/ryzom/wiki

Also note the implications for servers that are operated outside of the US. It is true that they do not fall under the jurisdiction of US law (except by proxy/treaty) but this is a double-edged sword and could prove more lethal for foreign entities due to recent developments.

Foreign server operators have no legal right to challenge a DNS blacklist/erasure on US infrastructure. So those who depend on US traffic could be given the kiss of death without a trial or even a warning/CnD. At least operators inside the US have the right to challenge this.

I DO NOT mean to imply that emulation = illegal activity. I mean to point out that it simply does not matter if it is illegal or not.

Google on 'Megaupload' and follow the related news and see what I mean.