I didnt say it would, I said it would be no less illegal than eqemu already is.
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It's no more illegal than openoffice being able to work with microsoft word documents.
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word docs are openly free for anyone to read, but soe doesnt want people using their work so others can enjoy it for free while others have to pay. and if you dont use any eq zones, or any npc's or quest's since all that and anything related to norrath is copywrighted, your server wont have anything to do with eq. so then theres the question, why use open eq? its just another game engine.